http://chineseinput.net/에서 pinyin(병음)방식으로 중국어를 변환할 수 있습니다.
변환된 중국어를 복사하여 사용하시면 됩니다.
- 中文 을 입력하시려면 zhongwen을 입력하시고 space를누르시면됩니다.
- 北京 을 입력하시려면 beijing을 입력하시고 space를 누르시면 됩니다.
RISS 인기검색어
- 검색키워드
- 주제어 : 위치적 위험이론 (검색결과 1 건)
- 무료
- 기관 내 무료
- 유료
-
미국의 근로자재해보상제도의 보상책임구조와 업무상 재해의 요건 : Requirements of Work Connected Injury
김소영 한국노동법학회 2004 노동법학 Vol.0 No.18
In this article, I present the current regime of American workers' compensation law with respect to the requirement of work - connected injury, and suggest the direction of construction which could extent the coverage of workers' compensation in modem work connected injury cases of Korea. In any country, there have been difficulties in fixing and defining the boundaries of coverage. In the U.S., coverage problems have been solved by the approach toward the risk inquiry developing various doctrines aimed at defining the scope of the risk, e.g., the "positional risk" doctrine. The positional risk doctrine is the most liberal of the scope of the risk theories, because the only inquiry under a positional risk theory is whether an injury arises out of the employment placed if it would not have occurred but for the fact that the conditions and obligations of the employment placed employee in the position where he or she was injured: One's employment was responsible for one's being at the time and place where an injury occurred. Even the most neutral of risks which are the cause of a great deal of conflict and confusion can be included. Also, a liberal construction should be given to the definitions of employer and employees because of the objectives of workers' compensation and the need to make coverage as expansive as possible. The modern tendency is to find employment when the work being done is an integral part of the regular business of the employer, and when the worker, relative to the employer, does not furnish an independent business or professional service. This "relative nature of the work" test, not only is it more modern than the "right to control test," it is believed to be more realistic test in terms of the objectives of the workers' compensation law. The purpose of the workers' compensation law as set forth in its title, is to provide financial and medical benefits to the victims of work connected injuries and promote the welfare of the employees. Moreover, the rapidity of technical development and invironmental change in current society place workers in a greater exposure to a risk. In light of the objectives and policies of workers' Compensation a much broader approach should be taken in the construction of requirements of work connected injury. Therefore, with respect to the requirements of work connected injury I propose a direction of construction which consists of adopting "positional risk" doctrine and "relative nature of the work" test in order to extent the coverage.
연관 검색어 추천
이 검색어로 많이 본 자료
활용도 높은 자료
