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A Relation between National Health Insurance, Industrial Accident Compensation Insurance and Civil Litigation for Workers injured by Industrial Accidents

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2017, 5(2), pp.9-30
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

HoChang Roh 1

1호서대학교

Candidate

ABSTRACT

Korea has introduced the National Health Insurance (NHI) system of social insurance scheme to guarantee the health rights of the people. Workers are also citizens, so they are basically covered by NHI and their right to health is protected. If a worker suffers a work-related injury, the employer is liable for the accident compensation and the Industrial Accident Compensation Insurance (IACI), which is a social insurance, is also responsible for it. The employer is exempted from the accident compensation liability to the extent that the IACI is applied. However, the injury of the injured worker is recognized as a work-related injury after a certain period of time since the application process. The NHI will be responded, in advance, to the medical treatment debts which continue to occur for the treatment period. After all, there is a problem of settlement of expenses between the NHI and the IACI. It is stipulated in the law that the National Health Insurance Corporation (NHIC) can claim the expenses against the Labor Welfare Corporation (LWC). However, in real working situations, aspects are more complex. With regard to the issues surrounding the settlement between the NHIC and the LWC, the Supreme Court has shown some rulings with a lot of clarity and the issues has now become solved quite clear. In this paper, I have reviewed the practical issues related to these cases through the Supreme Court precedents. I also looked at real-world problems in when workers who feel not been fully compensated filed civil lawsuits against employers.

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