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硏究論文

산재보험 최고보상기준에 대한 詳考

원문정보

A study on the Industrial Accident Compensation Insurance's the maximum standard amount of compensation

황운희

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초록

영어

Industrial Accident Compensation Insurance benefits is a principle that is paid by criteria the worker's average wage who is suffered a disaster. However, if Industrial Accident Compensation Insurance benefits is calculated by criteria the worker's average wage who is suffered a disaster, income redistribution's function is weak that it is paid the disparity of his average wage. The maximum standard amount of compensation was introduced by the purpose of improving the disparity. Although the worker's wage who is suffered a disaster is higher than the maximum standard amount of compensation, it is paid by criteria Industrial Accident Compensation Insurance benefits' ceiling.
Industrial Accident Compensation Insurance benefits is limited that it can't get off the character of damages entirely , unlike other social insurance.
Our country chooses the competition adjustment method between Industrial Accident Compensation Insurance benefits and compensation for damages system for preventing the same disaster's duplication compensation. At this time, an amount of the compensation for damages is more increased as a business proprietor isn't subtracted Industrial Accident Compensation Insurance benefits about the amount which exceed the maximum standard amount of compensation. This burden is a structure which still exists a burden exceeding the principle of insurance. Therefore a business proprietor's property right is infringed by the maximum standard amount of compensation, in fact.

목차

Ⅰ. 들어가며
 Ⅱ. 최고보상기준의 내용
 Ⅲ. 최고보상기준 초과금액과 손해배상과의 관계
 Ⅳ. 마치며
 참고문헌
 Abstract

저자정보

  • 황운희 Whang Woon-hee. 수원신한노무법인 대표 / 법학박사 / 아주대 겸임교수.

참고문헌

자료제공 : 네이버학술정보

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