TY - JOUR PY - 2017// TI - Compensation and accidents from drunk driving JO - Ajou Law Review SP - 354 EP - 382 VL - 10 IS - 4 N2 - 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. KEYWORDS: Occupational Accidents, criminal act, drunk driving, insurance benefit, accident compensation

Language: en

LA - en SN - 1976-3115 UR - http://dx.doi.org/10.21589/ajlaw.2017.10.4.354 ID - ref1 ER -