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초록

영어

(1) Workmen's Accident Compensation Insurance pay which is given by Workmen's Accident Compensation Insurance Law is a kind of social insurance pay. It is given money and other articles to compensate when workmen have injuries, sickness, a physical handicap and death due to occupational cases. However, In these days the range of accident compensation is expanding according to the demand of the labor world and the demand for social security are increasing. Because the tendency is toward emphasizing the nature of social security too much, we wonder about the nature of Workmen's Accident Compensation Insurance liability.
(2) Workmen's Accident Compensation Insurance have relieved by developing from the result liability doctrine to fault liability doctrine, dangerous liability doctrine, enterprise liability doctrine and liability without fault doctrine such as early common civil affairs compensation liability. Nevertheless, we can't free from fault liability. In these reason, although we claim liability without fault doctrine, we mediate and pay for damage when we may have to compensate for accident. Today, although it is at an stage develope from accident compensation liability to workmen's accident compensation liability, this principle is still applied. After all, if we consider legal character of workmen's accident compensation liability, They have a limit even though we emphasize a character of social insurance. Therefore, Though we recognize workmen's accident compensation liability, employer's responsibility is increasing and we have questioned about employer's a plea right if it too much expand endlessly. If it is competed with fault liability, we need to mediate to clear a limit of compensation liability.

목차

I. 問題의 提起
 II. 産災補償責任의 理論的 背景
  1. 結課責任主義
  2. 過失責任主義
  3. 危險責任主義
  4. 企業責任主義
  5. 無過失責任主義
 III. 使用者의 抗辯權과 産災補償責任의 成立
  1. 使用者의 抗辯權
  2. 使用者責任法과 産業災害報償保險法의 登場
  3. 災害補償責任의 産災補償責任으로의 轉換
 IV. 民事賠償責任과 産災補償責任
  1. 産業災害에 대한 民事責任
  2. 安全配慮義務와 産災補償責任
 V. 결론
 참고문헌
 Abstract

키워드

산재보험급여 산업재해보상보험법 산재보상책임 결과책임주의 과실책임주의 사용자의 항변권 배상책임의 한계workmen's accident compensation insurance pay workmen's accident compensation insurance law workmen's accident compensation insurance liability fault liability doctrine employer's a plea right a limit of compensation liability

저자

• 李相國 [ 이상국 | 단국대학과 법학과 강사, 법학박사, 공인노무사 ]

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