Nursing Labor Rights: Do Commuting Accidents belong to Occupational Accidents?
The payment of labor insurance because of occupational accidents according to Labor Insurance Act covers the commuting accidents, but it still problematic whether the latter belongs to the occupational accidents according to Labor Standards Act and whether paragraph 59 of Labor Standards Act therefore could be applied. A Judgment would be introduced in this essay. According to which, one of the nursing staff had a car accident on the way to work and argued that a commuting accident like this should be an occupational accident, claiming the hospital as the employer to compensate him/her according to paragraph 59 of Labor Standards Act. The legal issues are about the concepts like the commuting accidents, the occupational accidents and the obligation of compensation concerning the employer according to the paragraph 59 of Labor Standards Act. They would be discussed in this essay by introducing the judgment.