Earticle

초록

영어

For social workers in modern society, it is unavoidable to encounter commuting accidents. which have a close correlation with the work itself. To safeguard the interests of labors, the International Labor Organization (ILO) and major countries around the world bring the commuting accidents into the compensation system of work-related injury. In 1996, Chinese government issued the Trial Procedures for Industrial Injury Insurance for Enterprise Employees, in which commuting accidents were considered as industrial injuries for the first time. In China’s Regulations on Work Injury Insurance which was revised in 2010, the commuting accidents was defined as “having sustained injuries due to traffic accidents caused not primarily due to their own responsibilities or mass transit, passenger ferry or train accidents.” Thus, the premise to apply the new regulations appropriately is how to identify ‘commuting’. However, as what the Regulation on Industrial Insurance defines, commuting accidents are not supposed to be caused primarily due to the worker’s responsibilities. Obviously, this requirement violates the principle of no-fault compensation as well as the purpose of safeguarding the labors. Meanwhile, as the commuting accidents are restricted within traffic accidents or mass transit, the regulation, to some extent, is against the principle of equality without considering other circumstances of industrial injuries. This article firstly reviews the relative regulations formulated by ILO and its major countries and the evolution situation of China’s legislation in terms of identifying commuting accidents. Then it elaborates the jurisprudential evidence of the identification of commuting accidents. Afterwards, in accordance with the protection standards of international labor and China’s national conditions and the legal ideas to protect labor’s interests, the article brings forward the premise of identifying commuting accidents, which includes the reasonable time, path and purpose. The ending paragraphs present the limits of the current legal system and its future’s improvement for identifying commuting accidents so as to maximize the protection of labor’s interests and improve the legal system. In conclusion, this article suggests the problem and its amendment of the commuting accidents in China.

목차

Ⅰ. 들어가는 말
 Ⅱ. ILO와 각국의 통근재해에 관한 규정
 Ⅲ. 중국 통근재해의 공상 인정 변천
 Ⅳ. 중국 통근재해 공상 인정의 법이론
 Ⅴ. 중국 통근재해 공상 인정의 요건
 Ⅵ. 나오는 말
 참고문헌
 Abstract

키워드

중국 통근재해 공상 업무수행 업무관련성 사회적 위험론 생존권 보장론 근무 장소 주거 합리적인 시간 합리적인 경로 합리적인 목적 통근중단 통근이탈 commuting accidents in China Industrial Injury the work-related injury safeguard the interests of labors the reasonable time path and purpose.

저자

• 刘红波 [ 류홍파 | 중국유학생: 부산외국어대학교 대학원 법학과 박사과정수료. ]

참고문헌

발행기관

간행물