In this study, the risk factors of coastal purse seine fisherman were analyzed through a survey of fishery workers of coastal purse seine fishery and the accident compensation insurance data of the fisheries workers of the National Federation of Fisheries Cooperatives (NFFC). The classified fishing operation accident data was analyzed through 4M (Man, Machine, Media, Management) model of the National Transportation Safety Board (NTSB) and the accident prevention measures were presented using Harvey's 3E (Engineering, Education, Enforcement) model. The rate of accidents on coastal purse seinens each year was 75.8‰, 36.7‰ and 74.8‰ from 2015 to 2017. The accident frequency resulting from slipping was the highest, and the risk of a contact with gear was low. When comparing each insurance data, the average value of the contact with gear accident was the highest. This research result is expected to be important data in identifying and preventing safety hazards of coastal purse seiner fisherman in the future.
The International Labor Organization (ILO) selected fishing as the most dangerous group of jobs in the world, and it is well known in Korea as a 4D industry. Offshore large purse seine accounts for the largest portion of the fishing industry in the coastal region with high death rate and the accident rate. The repeated disaster rate survey by the Korea Maritime Institute (KMI) shows offshore large purse seiner is the highest at 22.3 percent and coastal gill nets and offshore stow net are following at 12.4 percent and 11.9 percent in order. Therefore, risk factors occurring in offshore large purse seiners were analyzed based on data from the National Federation of Fisheries Cooperatives (NFFC) for three years from 2015 to 2017 and 4M (Man, Machine, Media, Management) 3E (Engineering, Education, Enforcement) techniques were used to provide a safe fishing environment. The number of accidents on offshore large purse seiners each year was more than 150, and the number of accidents on every fishing boats was as high as 17 percent in 2015. If the accident rate and the risk level were divided by insurance, the accident resulting from contact with machinery was the highest, and the risk of a contact with gear was low but frequently occurring. This was caused by collisions and contact with gear in situations where death and disappearance risk are not high, and accident types in situations where death and loss risk are considered to be contact with machinery, falls or other accidents. Through these analysis techniques, the frequency and risk of each type of accident on a offshore large purse seiners can be demonstrated, and it is expected to raise awareness of a safer fishing environment and contribute to the reduction of accidents.
Unpaid family workers operate projects for business with my family is Officially, but are paid to the beneficiary of the joint cost of living in real terms or at a separate wage. In other words, as defined in employment laws that do not receive wages provide workers for the purpose of Labor Standards Act because they don't see that not be regarded as an employee. Therefore, unpaid family worker workers are excluded from the application of the statutory. Unpaid family worker are protected against the risk of an industrial accident or industrial disasters through Guarantee basic right to exist to them through appropriate compensation in the event. Safeguards to the realization of human dignity unless this is a personal level as well as social dimension in them a great loss and industrial insurance. There are subject to the need to expand to include social safety net.
이 논문은 세월호 사고의 원인재분석을 통하여 동 사고에 대한 선주배상책 임보험의 해석론과 향후의 유사한 사고에 대비한 해상책임보험제도의 개선방 안을 연구․제시하였다.
세월호 사고의 주요 원인으로 알려진 과적은 없었던 것으로 분석되었다. 감항능력 부족의 핵심은 복원성 취약과 고박불량이다.
여객손해배상책임보험 측면에서 선주배상책임공제의 법적 성질은 준강행배 상책임보험적 성질을 지니고 있다고 할 수 있다. 공제사업자는 피보험자가 특 히 화물의 적재고박방법과 관련한 의무를 준수하지 않은 것을 근거로 보상을 거부할 수 있을 것이다. 그러나 피해자에게 선보상을 한 해양수산부가 한국해 운조합에게 직접청구를 할 때 항변권을 행사할 수 없다고 본다. 이 연구결과 여객손해배상책임보험제도의 개선을 위하여 해운법령에 대한 추가적인 정비 를 할 것을 제안하였다.
난파물제거 책임보험 측면에서 선주배상책임공제의 법적 성질은 임의책임 보험적 성질을 지니고 있다. 선박소유자는 난파물제거를 한 후에 한국해운조 합에 보험금을 청구할 수 있으나, 공제사업자는 특히 화물의 적재고박방법과 관련한 의무를 준수하지 않은 것을 근거로 보상을 거부할 수 있을 것이다. 한 편, 세월호의 인양을 위하여 행정대집행을 한 정부가 한국해운조합에게 청해 진해운이 부보한 보험금액의 범위 내에서 인양비용 관련 직접청구권을 행사 할 때, 한국해운조합은 약관규정에 따라 항변권을 행사할 수 있다. 이 연구결 과 난파물제거 관련 강행책임보험제도를 개선하기 위하여 해사안전법령의 개 정방안을 제안하였다.
This paper is to investigate the employees' corresponding types and casual analysis. It proposes the legal and practical measures for improvement of Industrial Accident Compensation Insurance's usability. The results from the empirical analysis indicate that (1) 91.4 percent of the respondents feel the necessity of Industrial Accident Compensation Insurance, (2) 67.4 percent of the respondents perceive that Industrial Accident Compensation Insurance is useful, (3) employers’ perceptions of the specific items of Industrial Accident Compensation Insurance appears to be low. (4) 35.9 percent of the respondents deal with industrial accidents through other ways such as health insurance and car insurance. The study ends with discussion of the findings and provides several theoretical and managerial implications and recommendations for future research and applications.
The purpose of this study is to analyze the employer's perception and corresponding types of the Industrial Accident Compensation Insurance System. To analyze the employer's perception and corresponding types of the Industrial Accident Compensation Insurance System, interviews and surveys were conducted. Based on the analysis of interview and survey results, we proposed policy alternatives to raise awareness of the Industrial Accident Compensation Insurance System and increase the utilization of the Industrial Accident Compensation Insurance System.
Currently, in Korea, an accident that takes place during a worker's commuting is generally not considered as work-related accident. However, there are several exceptions such as an accident that occurs in commuting while using transportation provided by an employer, an accident that happens during commuting time that can be regarded as part of a business activity (e.g. tending to work instructed by an employer on the way to or from work), and an accident that is caused by insufficient facility management by an employer. It is even more so as the workers' commuting distance increases with expanding scale of a city, and traffic accident occurs more frequent. Social risk of commuting-time accident is on the rise. Under this circumstance, it is an important social issue to explore how to protect workers from commuting-time accident.
Since it's first adaptation in Germany in 1884, the industrial accident compensation insurance system has been on the most widely used social security systems, and in was first enforced in Korea in 1964. Today's society has been industrialized and number of business places for workers accident. As the welfare of workers improves in korea, the number of beneficiaries of industrial accident compensation insurance is increasing. Even though such trend is desirable in many respects, there is a growing social problem caused by abnormal insurance claims.
Unpaid Family Worker is blind area of industry safety. Danger of industrial accident is some high but because was excepted in industrial accident compensation insurance application. In most case, because paltry Unpaid Family Worker is no opportunity to take safety education to prevent industrial accidents and there are few safety facility and safety equipment, etc., among business, it may be said that probability to suffer industrial accidents on a trifling mistake or carelessness is higher than general worker of business. Consider such difficult actuality of Unpaid Family Worker and our country must give these benefit of industrial accident compensation insurance application, as opened the door of insurance application in recognition of worker position by "Industrial accident compensation insurance Law" to middle·smaller enterprise's business proprietor or special form labor employees.