0 00:00:04.414 --> 00:00:08.264 If you get injured while working, or if you get sick due to work 1 00:00:08.288 --> 00:00:11.729 the government provides appropriate compensation to the injured 2 00:00:12.062 --> 00:00:15.470 through the Industrial Accident Compensation Insurance Act 3 00:00:16.294 --> 00:00:19.514 You may have heard of insurance benefits 4 00:00:19.642 --> 00:00:23.474 such as various surgery expenses, drug expenses, shutdown benefits 5 00:00:23.723 --> 00:00:28.036 If you can't work during the industrial accident period 6 00:00:28.361 --> 00:00:30.344 and disability benefits if you get a disability 7 00:00:30.822 --> 00:00:34.962 Let's take a closer look at the Industrial Accident Compensation Insurance Act 8 00:00:35.056 --> 00:00:38.716 which stipulates such various industrial accident insurance benefit systems 9 00:00:39.847 --> 00:00:43.536 First, let's look at the Industrial Accident Compensation Insurance Act 10 00:00:43.819 --> 00:00:50.799 The "Industrial Accident Compensation Insurance Act" is a social insurance law that 11 00:00:50.902 --> 00:00:57.462 allows prompt and fair compensation to workers for their occupational accidents 12 00:00:57.780 --> 00:01:03.252 to establish and operate insurance facilities to promote return to work rehabilitation and to implement measures to prevent disasters 13 00:01:03.401 --> 00:01:05.237 and to promote workers' welfare 14 00:01:05.917 --> 00:01:11.270 Therefore, let's take a closer look at industrial accidents, that is, occupational accidents 15 00:01:11.934 --> 00:01:18.530 Under the Industrial Accident Compensation Act, insurance benefits are paid when employees have an occupational accident 16 00:01:18.728 --> 00:01:21.573 while working at a place that has industrial accident insurance 17 00:01:23.278 --> 00:01:31.123 According to Article 5 Paragraph 1 of the Industrial Accident Compensation Insurance Act, an occupational accident or occupational disease 18 00:01:31.485 --> 00:01:37.706 that leads to injury, disease, disability or death is considered an occupational disaster 19 00:01:38.481 --> 00:01:45.842 However, even if an injury, illness, disability, or death occurs due to an occupational accident or occupational disease 20 00:01:46.027 --> 00:01:52.029 if there is no significant causal relationship between the work and the disaster 21 00:01:52.208 --> 00:01:54.920 it is not considered an occupational disaster 22 00:01:55.856 --> 00:02:00.685 Here, "significant causality" means that based on general experience and knowledge 23 00:02:00.744 --> 00:02:07.048 a causal relationship must be acknowledged that if such an accident occurred 24 00:02:07.231 --> 00:02:10.934 a certain disaster result can be expected 25 00:02:11.698 --> 00:02:17.064 If you look closely, to determine significant causal relationship 26 00:02:17.177 --> 00:02:21.312 work performativity and attributability must be considered 27 00:02:21.915 --> 00:02:27.342 First, "work performativity" means that the cause of the disaster occurred in the course of the relevant worker's work performance 28 00:02:27.541 --> 00:02:33.805 under the control or management of the employer 29 00:02:34.017 --> 00:02:37.149 and the accompanying everyday activities 30 00:02:37.924 --> 00:02:43.702 It is recognized if a disaster occurs in the course of performing work under the direction and supervision of the user 31 00:02:43.909 --> 00:02:50.062 or even if not during performing the work it is applicable if there is an arguable space for command and supervision 32 00:02:50.620 --> 00:02:56.996 "Work attributability" means a relationship in which a disaster is deemed to have occurred due to work 33 00:02:57.468 --> 00:03:01.863 There is a significant causal relationship between disasters and work 34 00:03:02.140 --> 00:03:10.197 such as overworked diseases, occupational cancers, pneumoconiosis, noise-induced hearing loss 35 00:03:10.221 --> 00:03:11.797 and musculoskeletal disorders 36 00:03:13.518 --> 00:03:18.874 Even if it is not a disaster during the normal course of work and its accompanying activities 37 00:03:19.045 --> 00:03:24.202 that is, even without work performativity, is the disaster occurred due to the work 38 00:03:24.338 --> 00:03:31.847 in other words, if work attributability exists, the significant causal relationship between the work and the disaster is recognized 39 00:03:31.969 --> 00:03:34.162 and therefore acknowledged as an occupational accident 40 00:03:35.078 --> 00:03:39.198 In other words, work performativity estimates work attributability 41 00:03:39.409 --> 00:03:46.497 and it can be said that the significant causal relationship between work and disaster is judged by work attributability 42 00:03:48.569 --> 00:03:54.031 The burden of proof of the existence of a causal relationship is borne by the person who intends to receive insurance benefits 43 00:03:54.220 --> 00:03:57.637 That is, the worker or the family of the deceased 44 00:03:58.245 --> 00:04:05.309 Also, the significant causal relationship between work and disaster should be judged based on 45 00:04:05.545 --> 00:04:11.115 the health and physical conditions of the worker, not an average person 46 00:04:11.816 --> 00:04:18.729 Causal relationships do not necessarily have to be clearly proven medically or scientifically 47 00:04:18.957 --> 00:04:24.917 Significant causal relationship can also be acknowledged after considering 48 00:04:25.079 --> 00:04:28.861 all circumstances, such as the health status of the worker at the time of employment, course of the outbreak 49 00:04:29.061 --> 00:04:36.173 the contents of the disease, and the progress of treatment 50 00:04:38.593 --> 00:04:44.542 Next, let's look at the criteria for recognizing occupational disasters caused by 'occupational accidents' 51 00:04:45.276 --> 00:04:51.050 According to Article 37 Paragraph 1 Subparagraph 1 of the Industrial Accident Compensation Insurance Act 52 00:04:51.282 --> 00:04:55.919 if a worker is injured, disabled, or killed in any of the following occupational accidents 53 00:04:56.019 --> 00:05:01.622 it is considered an occupational accident 54 00:05:01.941 --> 00:05:06.103 Specifically, an accident that occurred while an employee was performing work specified in the labor contract 55 00:05:06.184 --> 00:05:09.090 or actions related to the work 56 00:05:09.483 --> 00:05:12.991 Accidents caused while using facilities provided by the employer 57 00:05:13.083 --> 00:05:17.488 due to defects in the facilities or negligence of management 58 00:05:17.763 --> 00:05:23.008 Accidents that occurred while participating an even organized or ordered by the employer 59 00:05:23.241 --> 00:05:25.572 or while preparing said event 60 00:05:25.965 --> 00:05:31.797 Accidents that occurred due to actions that can be seen as under the management of the employer during break hours 61 00:05:32.133 --> 00:05:35.918 And other accidents that occurred due to the work 62 00:05:37.031 --> 00:05:38.423 Let's take a closer look 63 00:05:38.626 --> 00:05:43.122 The first is accidents that occurred while performing work specified in the labor contract 64 00:05:43.191 --> 00:05:47.257 or its related activities 65 00:05:48.050 --> 00:05:55.750 In principle, activities that can be predicted based on social conventions are included in occupational disasters 66 00:05:56.103 --> 00:06:02.233 This include while performing the work under the labor contract, biological functions that occur during the work performance 67 00:06:02.695 --> 00:06:09.958 work preparation and completion activities, other necessary auxiliary activities 68 00:06:10.215 --> 00:06:14.341 and emergency evacuation due to unexpected incidents 69 00:06:14.482 --> 00:06:17.951 in the work place such as natural disasters and fire 70 00:06:20.818 --> 00:06:25.956 For example, if an elevator crashes and an employee is injured, it is considered an occupational disaster 71 00:06:26.071 --> 00:06:32.624 However, if the employee drowns in the river while trying to save a non-employee 72 00:06:32.648 --> 00:06:36.376 during a company outing, it is not considered an occupational disaster 73 00:06:37.039 --> 00:06:43.054 This is because the act of rescuing non-employees who are not under the control of the employer 74 00:06:43.149 --> 00:06:48.677 is an act other than work which is outside the control of the employer 75 00:06:50.141 --> 00:06:54.768 An accident in which a worker engaged in work that requires continuous manual labor was 76 00:06:54.897 --> 00:07:00.876 pressed by weights in the company's physical training room before working hours 77 00:07:01.131 --> 00:07:05.680 and a casein which a worker working in the workplace was hit by 78 00:07:05.704 --> 00:07:12.036 a large door installed in front by a typhoon and died are occupational disasters 79 00:07:16.234 --> 00:07:20.291 The second are accidents that occur due to defects or negligence in management of the facilities 80 00:07:20.555 --> 00:07:25.161 while using facilities provided by the employer 81 00:07:26.335 --> 00:07:31.431 Regardless of the incident occurring during work hours or outside work hours 82 00:07:31.592 --> 00:07:36.392 in principle, if an accident occurs due to a defect in the facility, equipment or vehicle that the employer provided 83 00:07:36.768 --> 00:07:42.486 or due to the employers negligence in managing them, they are considered occupational disasters 84 00:07:43.174 --> 00:07:46.731 However, if the employer's specific instructions are violated 85 00:07:46.970 --> 00:07:52.902 and the right to manage and use facilities belongs to the exclusive authority of the emoployee 86 00:07:53.040 --> 00:07:55.408 it is not considered an occupational disaster 87 00:07:57.370 --> 00:08:03.303 For example, damage caused by a fire of unknown cause at an employer provided accommodation 88 00:08:03.389 --> 00:08:08.043 while drinking privately during a holiday is an occupational disaster 89 00:08:09.198 --> 00:08:14.885 The third is accidents that occur during the preparation of an event or event organized by the employer 90 00:08:14.909 --> 00:08:17.544 or participated according to the employer's instructions 91 00:08:18.284 --> 00:08:23.920 Accidents that occur while participating in or preparing for an event that is supervised or ordered by the employer 92 00:08:23.950 --> 00:08:27.838 or equivalent thereto are occupational accidents 93 00:08:28.465 --> 00:08:32.911 Specifically, in an event where the employer considerers an employee 94 00:08:33.010 --> 00:08:36.927 as coming to work when participating in an event 95 00:08:37.616 --> 00:08:41.939 f the employer instructs the worker to participate in the event 96 00:08:42.648 --> 00:08:49.096 if the employer obtains the employer's prior approval on the participation in the event 97 00:08:49.588 --> 00:08:57.079 or if an accident occurs during preparation practice for participation in the event, it is considered an occupational accident 98 00:08:58.187 --> 00:09:02.594 Accidents during the second round of travel and during club events organized by the workers themselves 99 00:09:02.953 --> 00:09:08.139 or during club events organized by the employees themselves 100 00:09:08.239 --> 00:09:10.419 are not considered occupational disasters 101 00:09:10.906 --> 00:09:17.301 but accidents such as falling into a manhole while returning home drunk after a company dinner are considered occupational disasters 102 00:09:20.099 --> 00:09:25.698 The fourth type are accidents that occur during break time as it can be considered under the 103 00:09:25.722 --> 00:09:27.141 control of the employer 104 00:09:27.985 --> 00:09:31.986 If an accident occurs due to an act that can be considered under the control of the employer 105 00:09:32.010 --> 00:09:35.232 during the break time, it is an occupational disaster 106 00:09:35.887 --> 00:09:39.355 In other words, these are accidents that occurred during a time when meals are consumed 107 00:09:39.494 --> 00:09:43.936 such as at restaurants provided or designated by the employer 108 00:09:44.106 --> 00:09:49.420 or a place of meal outside the workplace 109 00:09:50.556 --> 00:09:56.521 If a worker suffers a disaster while eating lunch at home due to a voluntary outing 110 00:09:56.723 --> 00:09:58.657 it is not considered an occupational disaster 111 00:09:59.050 --> 00:10:04.662 but if a worker working at a workplace without a cafeteria 112 00:10:04.686 --> 00:10:10.466 returned to the workplace immediately after lunch with the permission of the employer 113 00:10:10.566 --> 00:10:15.850 and experienced a disaster during that time, it is considered an occupational disaster 114 00:10:16.615 --> 00:10:21.114 The fifth type is other work-related accidents 115 00:10:22.383 --> 00:10:25.158 Next, let's look at 'occupational illness' 116 00:10:25.402 --> 00:10:30.863 According to the Industrial Disaster Compensation Insurance Act Article 37 Paragraph 1 Subparagraph 2 117 00:10:31.009 --> 00:10:35.200 If an employee has any of the following disease 118 00:10:35.383 --> 00:10:40.960 or if the employee has died or developed a disability due to the disease, it is considered an occupational disaster 119 00:10:41.291 --> 00:10:47.911 These include factors during work that adversely affect the body or health 120 00:10:48.111 --> 00:10:54.193 such as physical factors, chemicals, dust, pathogens 121 00:10:54.217 --> 00:10:59.673 and occupational diseases that occur due to the exposure 122 00:10:59.907 --> 00:11:04.861 disaster-related diseases that occur due to occupational injury 123 00:11:05.147 --> 00:11:08.706 workplace harassment, abusive language by customers 124 00:11:08.730 --> 00:11:12.944 diseases due to stress from work 125 00:11:13.122 --> 00:11:17.998 and other work-related diseases 126 00:11:18.968 --> 00:11:23.006 Let's take a look at how to determine occupational disasters caused by diseases 127 00:11:23.615 --> 00:11:28.137 In cases of "occupational disasters due to accidents" 128 00:11:28.330 --> 00:11:30.938 where the time and place of the accident are clear 129 00:11:31.270 --> 00:11:37.241 if it is determined that the accident occurred during work performance and related normal activities 130 00:11:37.265 --> 00:11:42.068 and work performativity is acknowledged 131 00:11:42.178 --> 00:11:47.972 unless the disaster occurred due to a reason other than work performance 132 00:11:47.996 --> 00:11:53.525 when work attributability is acknowledged, it is also considered an occupational accident 133 00:11:54.082 --> 00:11:59.401 However, "occupational disasters due to disease" are difficult to 134 00:11:59.425 --> 00:12:04.409 determine time and place so instead of work performativity 135 00:12:04.433 --> 00:12:10.088 only work attributability is considered 136 00:12:10.162 --> 00:12:14.135 When it is confirmed that the disaster occurred due to the work, it is considered to be an occupational disaster 137 00:12:15.707 --> 00:12:17.862 In the case of "occupational disasters due to disease" 138 00:12:17.886 --> 00:12:23.319 correlation between the work and disease is often difficult to prove by the employee 139 00:12:23.629 --> 00:12:27.911 Article 34 of the Enforcement Decree of the Industrial Disaster Compensation Insurance Act 140 00:12:27.935 --> 00:12:33.324 provides the criteria for recognizing occupational diseases so corroboration is easier 141 00:12:34.059 --> 00:12:37.754 If an employee has a disease that falls within the scope of 142 00:12:37.891 --> 00:12:41.423 an occupational disease included in Table 5 of the Enforcement Decree of the Labor Standards Act 143 00:12:41.546 --> 00:12:45.624 and if the requirements are met, it is considered an occupational disease 144 00:12:46.176 --> 00:12:52.137 The requirements include if the employee handles harmful or hazardous factors during work performance 145 00:12:52.331 --> 00:12:55.654 have a history of exposure to harmful or hazardous factors 146 00:12:56.417 --> 00:13:01.924 number of work hours that handle or exposed to harmful or hazardous factors 147 00:13:02.219 --> 00:13:06.348 based on period of employment and work environment 148 00:13:06.522 --> 00:13:10.168 whether it is recognized that it is sufficient to cause the disease 149 00:13:10.417 --> 00:13:16.950 and medical proof that exposure or handling of harmful or hazardous factors 150 00:13:17.209 --> 00:13:22.566 are the reason for occurrence of the disease 151 00:13:23.550 --> 00:13:27.083 Diseases that occur due to occupational injury 152 00:13:27.205 --> 00:13:31.355 are considered occupational disasters if all of the following requirements are met 153 00:13:31.868 --> 00:13:37.516 Medical proof of the correlation between occupational injury and disease 154 00:13:37.770 --> 00:13:43.995 and the fact that symptoms of underlying disease and pre-existing condition did not occur naturally 155 00:13:44.749 --> 00:13:51.020 Underlying disease refers to a pathological condition that existed prior to the current disease and continues to exist 156 00:13:51.244 --> 00:13:56.131 and is a basis for the occurrence of the current disease 157 00:13:56.499 --> 00:14:01.707 "Pre-existing condition" refers to a state in which previous diseases has been cured 158 00:14:01.731 --> 00:14:06.684 or recovered to the extent that they do not require medical treatment 159 00:14:08.720 --> 00:14:11.662 Specific standards for recognizing occupational diseases are stipulated 160 00:14:11.686 --> 00:14:16.726 in the Enforcement Decree of the Industrial Accident Compensation Insurance Act Asterisk 3 161 00:14:17.168 --> 00:14:23.819 These include cerebrovascular or heart disease, musculoskeletal disease, respiratory disease 162 00:14:24.152 --> 00:14:32.119 neuropsychiatric disease, lymphatic hematopoietic system disease, skin disease, eye or ear disease 163 00:14:32.467 --> 00:14:41.192 liver disease, infectious disease, occupational cancer, acute poisoning 164 00:14:41.336 --> 00:14:48.851 physical factors, and other diseases that have a significant causal relationship 165 00:14:48.875 --> 00:14:51.706 with the employees disease and work 166 00:14:56.265 --> 00:15:00.582 Let's take a look at death due to overworking which happen in many workplaces 167 00:15:00.988 --> 00:15:05.102 Death due to overworking refers to a disaster that causes 168 00:15:05.208 --> 00:15:11.643 or worsens diseases in cerebrovascular or heart due to heavy workloads 169 00:15:12.862 --> 00:15:15.570 The criteria to determine death due to overwork are as follows 170 00:15:15.764 --> 00:15:19.441 First, you need to look at the details of your work and the hours of work 171 00:15:19.756 --> 00:15:24.989 Deaths that occur while the work consists of significantly out of routine work 172 00:15:25.072 --> 00:15:29.860 are not occupational disasters because they do not have a significant causal relationship with the work 173 00:15:30.333 --> 00:15:35.880 Work that are likely to be recognized as contributing to death due to overworking include jobs with unpredictable work schedules 174 00:15:36.042 --> 00:15:41.654 shift work, lack of holidays, work exposed to harmful work environments 175 00:15:41.820 --> 00:15:46.455 physically intensive work, frequent business trips with large time differences 176 00:15:46.676 --> 00:15:49.363 and jobs with high mental tension 177 00:15:49.966 --> 00:15:56.082 In terms of working hours, according to the Ministry of Employment and Labor among applicants for industrial disaster for cerebrovascular diseases 178 00:15:56.247 --> 00:16:03.058 the approval rate for employees working 40 to 52 hours a week is 22.6% 179 00:16:03.656 --> 00:16:09.430 he approval rate for employees working 52 to 60 hours a week is 65% 180 00:16:09.731 --> 00:16:16.229 and the approval rate for workers working 60 to 80 hours is about 90% 181 00:16:16.778 --> 00:16:21.823 In other words, the longer the working hours, the higher the probability of being recognized as an occupational disaster 182 00:16:23.773 --> 00:16:27.876 In the case of acute death due to overworking 183 00:16:27.996 --> 00:16:35.389 within 24 hours of the incident, work-related cases, stress 184 00:16:35.491 --> 00:16:38.922 and sudden environmental changes are indentified 185 00:16:39.828 --> 00:16:44.744 When judging the short-term burden factors, i.e., short-term performance 186 00:16:44.928 --> 00:16:53.198 determine whether the amount or time of work per week before the incident increased by 30% from the average per week for the past 12 weeks 187 00:16:53.442 --> 00:16:58.732 and identify whether there were any changes in work intensity and responsibility 188 00:16:59.671 --> 00:17:06.773 It is necessary to determine whether chronic heavy work is performed, that is, in the case of chronic overwork 189 00:17:06.882 --> 00:17:10.471 whether the heavy work was performed continuously for 12 weeks before the onset 190 00:17:12.084 --> 00:17:18.722 As an example of death due to overwork, I will introduce the case of the factory manager of the 3rd partner company of an automobile parts company 191 00:17:19.337 --> 00:17:25.009 Around the time of the disaster, the victim's working environment changed 192 00:17:25.183 --> 00:17:28.711 due to the financial burden of renting principal equipment parts of the factory the worker had to live with another person 193 00:17:28.974 --> 00:17:33.704 He also frequently went on business trips along with management disputes 194 00:17:33.887 --> 00:17:40.024 He listened to many complaints from fellow workers while driving commuting vehicles 195 00:17:40.309 --> 00:17:47.822 The employee was in his 50s but frequently heard insulting words from the main administrator who was in his 30s 196 00:17:49.392 --> 00:17:54.240 Under these circumstances, the victim went on a business trip 197 00:17:54.289 --> 00:17:58.332 and as soon as he hung up on a humiliating phone call with the main administrator 198 00:17:58.491 --> 00:18:03.158 collapsed due to sub-brain hemorrhage and cerebral aneurysm rupture 199 00:18:03.625 --> 00:18:06.947 As a result of identifying the working environment of the victim 200 00:18:07.128 --> 00:18:11.162 the Agency recognized that the victims had heavy physical and mental burdens 201 00:18:11.186 --> 00:18:17.032 for more than three consecutive months before the incident, and approved the industrial disaster 202 00:18:18.733 --> 00:18:25.410 In the case of an illness, disability, or death caused by 203 00:18:25.633 --> 00:18:30.226 an intentional, self-harm, or criminal act of an employee 204 00:18:30.326 --> 00:18:35.310 in principle, an intentional, self-harm, criminal act, or a disease, disability, or death caused by it is not considered an occupational disaster 205 00:18:35.556 --> 00:18:42.256 because the causal relationship between the disaster and the work cannot be proved 206 00:18:44.645 --> 00:18:50.231 However, if the injury, illness, disability, or death occurs during a state in which normal cognition ability 207 00:18:50.354 --> 00:18:54.697 is clearly deteriorated and there is any of the following reasons 208 00:18:54.935 --> 00:19:00.040 it is recognized as an occupational disaster 209 00:19:00.546 --> 00:19:06.476 If the employee has previously received treatment for a mental health disease that occurred due to work 210 00:19:06.754 --> 00:19:10.351 or committed self-harm during a mentally abnormal state 211 00:19:10.810 --> 00:19:13.388 or if the person committed self-harm 212 00:19:13.579 --> 00:19:19.120 while recuperating from an occupational disaster 213 00:19:19.348 --> 00:19:23.967 or if there is medical proof that they committed self-harm due to 214 00:19:24.072 --> 00:19:29.823 a work-related reason, it is considered an occupational disaster 215 00:19:31.065 --> 00:19:34.653 A related case involved a person who jumped from a building winder 216 00:19:34.677 --> 00:19:41.561 during a temporary delirium and died 217 00:19:41.585 --> 00:19:45.430 due to chronic and repetitive stress from living abroad and heavy workload 218 00:19:45.614 --> 00:19:51.078 This was judged to be a disaster with significant correlation to work