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KMID : 1124020090250030109
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Korean Social Security Studies
2009 Volume.25 No. 3 p.109 ~ p.134
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An Issue on the Concept of Social Insurance Recipients by the Application of Labor Law
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Kim Jin-Soo
Byun Young-Woo
Shin Hye-Ri
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Abstract
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This study concerns issues related to th Researcher, Center for Social Ree concept of worker and employer in social insurance system. Without considering the purpose and intent of social insurance, the application of labor law’s concepts to worker and employer of social insurance schemes can affect applicable targets, distort the relative importance of imposed premium among recipients, and even prevent fair business competition. In German and Austria, the concept of worker and employer in social insurance is different from labor laws’. In the concept of worker, they do not limit to workers of the labor law, extend the scope of application to quasi-workers such as the self-employed who is often in poor environments, and thus help the role of social insurance as safety net. They also lead employers to active participation in social insurance system, specify concept of employers. The Korean labor market has changed and produced various work patterns. It is now necessary to establish the concept of worker and employer differentiated from labor law’s and to integrate it into social insurance system. This will help to achieve ends of social insurance, rearranging the coverage and the relative importance of imposed premium among recipients.
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KEYWORD
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concept of worker and employer, social insurance, Labor Law, independent concept, work or employment relation, quasi-worker, middle employer
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