산재보험법 및 고용보험법의 사각지대

Abstract

The Industrial Accident Compensation Insurance Act guarantees health and income for workers who have suffered occupational accidents, and the Employment Insurance Act guarantees minimum income for unemployed workers. However, in principle, both Acts limit the subject of membership to employees, so those who do not fall employees under the Labor Standards Act do not receive sufficient protection. This is because Korea's Industrial Accident Insurance Act and Employment Insurance Act were enacted to protect employees from social risks such as occupational accidents and unemployment, respectively. On the other hand, as the employment type diversifies, the number of people who are not recognized as employees is increasing exponentially, and self-employed people who have traditionally been in employer positions are working in more unstable positions than employees. For example, special employment workers, platform workers, and self-employed people remain in the blind spot of social insurance system even though they are practically working similar to employees. Accordingly, the Industrial Accident Insurance Act and the Employment Insurance Act expand the scope of subscription by forcing people who do not correspond to employees to join both Acts or opening the way for protection through special regulations. However, the above regulations do not protect all the type of workers. For example, only a few people are actually protected because special types of workers are limited to specific occupations listed in the Enforcement Decree of both Acts, and small and medium-sized business owners and self-employed people are subject to voluntary subscription. In this paper, I would like to review the problems of people who are excluded from the application of the current Industrial Accident and Employment Insurance Act or are not forced to join, and ways to expand the scope of subscription.