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KMID : 1124020150310040253
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Korean Social Security Studies
2015 Volume.31 No. 4 p.253 ~ p.277
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Commuting Accidents and Workers’ Compensation in Italy and in China - Policy Implications for Korea -
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Jung Hong-Joo
Chen Chun-Hua
Park So-Jung
Vincenzo Senatore
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Abstract
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Based upon literature review of legal systems, this research aims to propose a policy direction to develop workers’ compensation insurance system with regard to commuting claims. After examining existing literature on Germany, Japan, United Kingdom, France, U.S.A., we review Italia and China which introduced commuting accidents in their workers compensation system early 21st century. The review displays that every country has considered the singular character given to commuting accidents focusing which includes indispensible complement to work and uncontrolability of commuting risk by employers. In particular, preexisitng conditions, moral hazard, compensatory justice, relationship with automobile insurance system are the main concerns in introducing commuting accidents in workers compensation system. As result, Italian system to cover public transportation in principle and Chinese system to indemnify just to the victims with less than 50 percent fault, may be adapted to an emerging system in Korea so that such compensation conditions of injury insurance as abruptness, contingency, and exogenism are put in place of workers compensation insurance, in particular with commuting accidents.
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KEYWORD
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Workers` Compensation, Commuting Accidents, Italia, China, case study
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