Earticle

초록

영어

There is a suitable casual relationship between overwork and suicide in order that a worker's suicide resulting from overwork is judged to the accident due to occupational cases. But the basic structure of the worker's suicide resulting from overwork is connected from overwork to suicide. In the meantime, it is necessary for an attack or getting worse of the mental disorder like melancholia. Therefore, in the worker's suicide resulting from overwork, a formula like overwork -> mental disorder like melancholia -> suicide can be held. When overwork and personal inclination are piled up with the reason of suicide in the worker's suicide resulting from overwork, it is difficult to know what is relatively current leading. Therefore, even if overwork and many different reasons are piled up with the reason of suicide, if only the overwork is a reason of suicide, the theory of joint reason that accepts a causal relationship is ultimate complied with a purpose of the Workmen's Accident Compensation Insurance Act. As you can see from above, when the worker's suicide resulting from overwork is an accident due to Occupational Cases or not, I think that the legal principles of cases in the Supreme Court produces the unclear standards. In other words, according to the legal principles of cases, overwork and illness(personal inclination) should be applied to the theory of the personal himself standard and overwork and suicide should be applied to the theory of the social average person standard. Because if overwork and stress operate piling up with their own personal inclinations, each different reactions are expected, it is not reasonable to decide with the social average person standard uniformly about these reactions.

목차

Ⅰ. 들어가며
 Ⅱ. 과로자살에 관한 기본적 이해
 Ⅲ. 업무기인성의 기본구조 및 인과관계
 Ⅳ. 대법원 판례에 대한 비판적 검토
 Ⅴ. 결론
 참고문헌
 

키워드

과로자살 산업재해보상보험법 업무상 재해 업무기인성 상당인과관계 과로에 의한 정신장해 Worker's Suicide resulting from Overwork Workmen's Accident Compensation Insurance Act Accident due to Occupational Cases Resulting from Work Suitable causal Relationship Mental Disease resulting from Overwork

저자

• 방준식 [ Bang, Joon-sik | 영산대학교 법과대학 법률학과 부교수, 법학박사 ]

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