사회안전망과 사회법의 발전은 오히려 경제적 · 사회적 위기의 시기에 이루어져 오고 있다. 한편 사회법은 사회적 위험에 대한 보호를 목적하는 법체계를 본질로 하고 있다. 이점에서 양자는 국가적 · 인간적 차원의 안전을 개념요소로 하고 있다는 점에서 상호연계를 논의할 수 있을 것이다. 그러나 사회법 분야의 최고 연장자라 할 수 있는 산업재해보상보험법(이하 ‘산재보험법’이라 함)이라 해도, 사회안전망으로써 실질적 역할을 기대하는 데는 몇 가지 선결되어야 할 문제가 있다. 특히 사회안전망에 대응하기 위한 법제는 변화하는 사회적 위험과 재해들에 대해서 구체적인 판단기준과 적용대상을 규정할 수 있어야 한다. 나아가 본 논문은 사회안전망으로서의 역할에 대한 산재보험법의 거시적 과제는 법의 목적이념, 규범체계 그리고 보호대상의 측면에서 살펴보았다. 즉 법의 목적이념은 재해보상에서 생활보장으로의 변화, 법체계적으로는 노동법체계에서 사회법체계로의 정립 그리고 적용대상은 근로자에서 피보험자개념으로의 확대를 제언한다.

The development of a social security net and the related social security laws tends to have occurred in times of economic and social crisis. The essence of social security laws is a legal system designed to protect people from social risks. Discussions may be made for inter-linkage between the social security net and the social security laws, as both are associated with the concept of safety. As for Industrial Accident Compensation Insurance Act, they entail several problems that should be solved first, if we expect them to play a substantial role as a social security net, although they are the oldest laws in the sector of social security laws. Especially, the legal systems that deal with the social security net should be able to stipulate concrete judgment criteria and objects of application amid the continuously changing nature of risks and accidents. This study examined the macro-prudential tasks of Industrial Accident Compensation Insurance Act as a social security net from the perspectives of the purpose and philosophy of laws, the system of rules, and the people to be protected. That is, it is proposed that the purpose and philosophy of the laws should be changed from accident compensation to guaranteeing the subsistence level of living, from the system of labor laws to the system of social security laws, and from workers to the insured as the objects of application.

The development of a social security net and the related social security laws tends to have occurred in times of economic and social crisis. The essence of social security laws is a legal system designed to protect people from social risks. Discussions may be made for inter-linkage between the social security net and the social security laws, as both are associated with the concept of safety. As for Industrial Accident Compensation Insurance Act, they entail several problems that should be solved first, if we expect them to play a substantial role as a social security net, although they are the oldest laws in the sector of social security laws. Especially, the legal systems that deal with the social security net should be able to stipulate concrete judgment criteria and objects of application amid the continuously changing nature of risks and accidents. This study examined the macro-prudential tasks of Industrial Accident Compensation Insurance Act as a social security net from the perspectives of the purpose and philosophy of laws, the system of rules, and the people to be protected. That is, it is proposed that the purpose and philosophy of the laws should be changed from accident compensation to guaranteeing the subsistence level of living, from the system of labor laws to the system of social security laws, and from workers to the insured as the objects of application.

social safety net; social welfare laws; social security laws; Industrial Accident Compensation Insurance Act; guaranteed living; the insured