Publications
Detailed Information
과로사의 인정기준에 관한 판례의 경향 : Review of the Supreme Court`s Test for Death from Overexertion("Karoshi")
DC Field | Value | Language |
---|---|---|
dc.contributor.author | 이흥재 | - |
dc.date.accessioned | 2009-09-08T23:47:02Z | - |
dc.date.available | 2009-09-08T23:47:02Z | - |
dc.date.issued | 2001 | - |
dc.identifier.citation | 법학, Vol.41 No.4, pp. 164-186 | - |
dc.identifier.issn | 1598-222X | - |
dc.identifier.uri | http://lawi.snu.ac.kr/ | - |
dc.identifier.uri | https://hdl.handle.net/10371/8991 | - |
dc.description.abstract | This Article attempts to review the initial tendency of the Supreme
Court's test for worker's death from overexertion(Karoshi), and to suggest reasonable judicial test for Karoshi to effectively guarantee worker's right to receive occupational accident insurance benefits. Recently, in Korea, Karoshi including syndrome of adults' sudden death tend towards increasing under rapidly changing industrial workplace-environment caused by globalization and restructuring. The author clarifies that Karoshi is 'a third type of occupational accident' having dual characteristics of occupational injuries and occupational illnesses, and that it is very difficult to distinguish worker's personal accident of private life (covered by national health insurance) from occupational accident resulting from employment (covered by industrial accident insurance). Through analyzing relevantly the test for Karoshi during 1990-2000 in the light of the statutory goal of the Industrial Accident Compensation Insurance Act(IACIA), the author points out the coherent tendency of the test for Karoshi as follows : In order to meet requirements for Karoshi resulting from employment in the IACIA (Art. 4, 1.), its being caused by duties which means that the death has a proper casual relationship with the worker's duties should be decisive standard for Karoshi. Judicial test seems to interpret meaning of 'proper casual relationship' of Karoshi to be 'joint cause' or 'relative dominant cause' according to two categories of its factors. However, in case of stomach cancer or lung cancer, judicial test does not recognize it as Karoshi because of being unable to prove its casual... | - |
dc.language.iso | ko | - |
dc.publisher | 서울대학교 법학연구소 | - |
dc.subject | 산업재해보상보험법 | - |
dc.subject | 업무상 재해 | - |
dc.subject | 과로사의 인정기준 | - |
dc.subject | 업무수행성 | - |
dc.title | 과로사의 인정기준에 관한 판례의 경향 | - |
dc.title.alternative | Review of the Supreme Court`s Test for Death from Overexertion("Karoshi") | - |
dc.type | SNU Journal | - |
dc.contributor.AlternativeAuthor | Lee, Heung Jae | - |
dc.citation.journaltitle | 법학 | - |
dc.citation.endpage | 186 | - |
dc.citation.number | 4 | - |
dc.citation.pages | 164-186 | - |
dc.citation.startpage | 164 | - |
dc.citation.volume | 41 | - |
- Appears in Collections:
- Files in This Item:
Item View & Download Count
Items in S-Space are protected by copyright, with all rights reserved, unless otherwise indicated.