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논문검색

산재보험법상의 휴업급여의 법리

원문정보

Legal Theory of Wage Replacement Benefits in Industrial Accident Compensation Insurance Act

황운희

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초록

영어

Industrial Accident Compensation Insurance Act’s Wage Replacement Benefits is paid to worker of occupational accidents or diseases for “Term which isn’t worked as Medical Care”. “Term which isn’t worked as medical care” is a term that worker, who is employed doesn’t earn wage income for Medical Care. But Industrial Accident Compensation Insurance benefit has a limit that it can’t fully exclude the characteristic of civil compensation for damages. Thus, it doesn’t actually have a loss of wages that employment contract of a short-term worker terminate in medical care, yet Wage Replacement Benefits should be paid to the worker as he or she is restricted to new opportunity of work or other social activities. Compensation for Suspension of Work of Labor Standards Act provides to be paid to “a worker in Medical Care” from Occupational accidents or diseases. According to that, the worker can misconceive Wage Replacement Benefits is paid to “a worker in Medical Care” regardless of work. To eliminate this confusion, it should be revised Compensation for Suspension of Work of Labor Standards Act’s payment reason is also ‘Term which isn’t worked as medical treatment’

목차

Ⅰ. 문제의 소재
 Ⅱ. 근로기준법상의 휴업보상과의 관계
 Ⅲ. 휴업급여의 지급과 그 효과
 Ⅳ. 휴업급여의 법리
 Ⅴ. 결론
 참고문헌
 Abstract

저자정보

  • 황운희 Whang Woonhee. 수원 신한노무법인대표/ 법학박사/ 아주대 법학전문대학원 겸임교수

참고문헌

자료제공 : 네이버학술정보

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