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Citation |
Ajou Law Rev. 2017; 10(4): 354-382. |
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Vernacular Title |
재해보상과 음주운전 사� |
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Copyright |
(Copyright © 2017, Legal Research Institute of Ajou University) |
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DOI |
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PMID |
unavailable |
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Abstract |
Industrial Accident Compensation Insurance Act regards laborer's death from crime or cause of crime as non-occupational accidents, and so, it does not provide insurance benefit as the government is not obligated to protect any death related to criminal act with social disapproval. One of criminal acts banned from accident compensation is drunk driving. Regardless of laborer's compensation, accident from drunk driving is an anti-social crime which is a threat to human life and safety. Acknowledging laborer's death from drunk driving as occupational accident with broad criterion may lead Industrial Accident Compensation Insurance Act to embracing drunk driving which is a threat to human life and safety. However, judging laborer's accident compensation by overstrict standards may also ignore the philosophy of social insurance that is to protect laborers from social danger. Therefore, occupational accident from drunk driving requires balanced judgment between punitive measures and social protection. Language: en |