Constitutional Court Rules "Constitutional" on Public Officials' Injury Compensation Act Without Provisions for Leave Pay and Sickness Compensation Pension

The Constitutional Court ruled that the Public Officials' Industrial Accident Compensation Act, which unlike the General Industrial Accident Compensation Insurance Act does not include provisions on leave benefits and sickness compensation pensions, does not violate the Constitution.

According to the legal community on the 6th, the Constitutional Court unanimously dismissed the constitutional complaint against Article 8 of the Public Officials' Industrial Accident Compensation Act on the 28th of last month.

Constitutional Court, Jaedong, Jongno-gu, Seoul.
Photo by Yonhap News

The Industrial Accident Compensation Insurance Act defines eight types of insurance benefits payable to workers: medical care benefits, disability benefits, survivor benefits, nursing benefits, funeral expenses, vocational rehabilitation benefits, as well as leave benefits and sickness compensation pensions.

Leave benefits refer to a system where if a worker cannot work due to medical treatment from an industrial accident, they are paid 70% of their average wage without a time limit. If two years have passed since the treatment began and the injury has not healed, remaining in a severe disability grade, a sickness compensation pension is paid instead of leave benefits.

However, the Public Officials' Industrial Accident Compensation Act does not provide benefits corresponding to leave benefits and sickness compensation pensions, limiting payments to a total of six types of benefits.

Accordingly, the petitioner filed a constitutional complaint arguing that the Public Officials' Industrial Accident Compensation Act, by providing fewer types of livelihood protection benefits than the general Industrial Accident Compensation Insurance Act, infringes on the right to equality and violates the Constitution. The petitioner, a senior public official in a general position, suffered a cerebral hemorrhage resulting in paralysis of all limbs. After exhausting 3 years and 6 months of sick leave and leave of absence, he retired honorably as his condition did not improve.

However, the Constitutional Court dismissed the petition, stating, "It cannot be said that the livelihood protection for public officials is so unreasonably inadequate as to infringe on the right to live a dignified life." The Court cited that public officials receive full salary support during sick leave and leave of absence, can receive disability benefits if unable to return to work, and even if disability benefits are not received, retirement lump-sum payments or retirement pensions under the Public Officials Pension Act are paid along with medical care benefits.

The Constitutional Court stated, "Although leave benefits or sickness compensation pensions and retirement pensions or retirement lump-sum payments under the Public Officials Pension Act differ in the cause and level of payment, they perform the same function as social security benefits to guarantee livelihood in cases of income gaps due to inability to work," and added, "It is difficult to see unreasonable discrimination between the two groups (public officials and general workers)."

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