Review of the recent Supreme Court decision on the causal relationship of occupational diseases
10.5124/jkma.2018.61.8.474
- Author:
Jae Hyung DO
1
;
Ji Yoon CHOE
Author Information
1. School of Law, Ewha Womans University, Seoul, Korea. doh@ewha.ac.kr
- Publication Type:Original Article
- From:Journal of the Korean Medical Association
2018;61(8):474-484
- CountryRepublic of Korea
- Language:Korean
-
Abstract:
A theoretical study advocated for alleviating the worker's responsibility of burden of proof to establish the causality of an occupational disease, since such a responsibility is unfair to the worker. The recent judgment has adopted some of these arguments for alleviating the worker's responsibility of burden of proof, and the judgment is significant since it is the first Supreme Court decision to recognize the causality of occupational diseases. The judgment expressly confirms that it is more proactive to recognize the causal relationship between work and certain diseases, and to provide compensation for industrial accidents to employees who are exposed to harmful substances at all times. In addition, the judgment also confirms that coverage of industrial safety and health risks is in accordance with the original purpose and function of the industrial accident insurance system, which aims to share risks through public insurance.
