Assemblyman Sobyeongcheol Introduces Partial Amendment to the Industrial Accident Compensation Insurance Act

Strengthening Protection for Injured Workers by Imposing Obligation on Employers to Provide Industrial Accident Evidence
Assemblyman So Byeong-cheol: "Ensuring Equal Standing with Employers to Exercise Rights and Promote Fair Compensation"

[Asia Economy Honam Reporting Headquarters Reporter Lee Hyung-kwon] Democratic Party lawmaker So Byung-chul (Suncheon Gwangyang Gokseong Gurye Gap, Judiciary Committee) on the 11th introduced a partial amendment bill to the ‘Industrial Accident Compensation Insurance Act’ (hereinafter referred to as the Industrial Accident Insurance Act) that imposes an obligation on employers to assist in providing necessary materials for industrial accident victims to receive insurance benefits.

If the amendment passes, industrial accident victims will be able to request the materials necessary to prove work-related accidents from their employers, and employers will be required to provide them.

As a result, the burden on victims who had to obtain proof materials on their own is expected to be significantly reduced.

Furthermore, by imposing the obligation to provide proof materials on employers, it is expected that the status of workers and employers in the procedures under the Industrial Accident Insurance Act will become substantially more equal.

To receive insurance benefits in the event of an industrial accident, the victim must prove a substantial causal relationship between the work and the accident.

However, in reality, most of the materials necessary to prove causality are held by the employer, making it difficult for victims to prove their case.

The current law stipulates that employers should assist victims who are in a difficult situation to claim insurance benefits, but there has been a problem that it lacks effectiveness because no penalties are imposed on employers who do not assist.

Lawmaker So stated that although the 「Serious Accident Punishment Act」 (‘Serious Accident Act’) was enacted this year, industrial accidents resulting in worker deaths continue to occur, and especially, it is very difficult for workers who have suffered industrial accidents to receive compensation. After careful consideration, he introduced the amendment bill to supplement the blind spots of the law and practically guarantee workers’ rights to urgently improve the harsh realities of the labor field.

The amendment imposes an obligation on employers to comply with requests from injured workers for information necessary to receive insurance benefits unless there is a justifiable reason prescribed by Presidential Decree.

It also added a penalty provision that employers who fail to provide materials without justifiable reasons after receiving a request shall be punished by imprisonment for up to two years or a fine of up to 20 million won, thereby ensuring effectiveness.

Lawmaker So said, “Recently, tragic industrial accidents such as the deaths of young workers have not ceased. Victims are already struggling with the pain caused by the accident, and when they try to apply for insurance benefits, they are at a disadvantage in accessing information and materials. While the best goal is to minimize industrial accidents through prevention, when accidents occur, victims must be able to properly protect their rights on an equal footing with employers. I ask for your support in passing this amendment so that the burden of proof on workers suffering from industrial accidents can be reduced and prompt and fair compensation can be made.”

The partial amendment bill to the ‘Industrial Accident Compensation Insurance Act’ was co-sponsored by lawmakers Kim Seung-nam, Kim Won-i, Kim Jeong-ho, Kim Jong-min, Kim Hoe-jae, Park Seong-jun, Yang Jeong-suk, Oh Young-hoon, Lee Hak-young, Lim Ho-seon, and Jeong Pil-mo (in alphabetical order).

This content was produced with the assistance of AI translation services.