Kim Jung-Won, Kang Dong-Mug
Department of Occupational and Environmental Medicine, Kosin University College of Medicine, Busan, Korea.
Department of Preventive and Occupational Medicine, School of Medicine, Pusan National University, Yangsan, Korea.
J Korean Med Sci. 2014 Jun;29 Suppl(Suppl):S66-71. doi: 10.3346/jkms.2014.29.S.S66. Epub 2014 Jun 13.
Occupational diseases may be defined only medically or scientifically, and even then, their definition is not simple. However, compensable occupational diseases involve the additional layer of legal systems and social welfare policies as well. Their multifaceted nature makes determining the work-relatedness of these diseases more complex. Korea has established standards for the recognition of occupational diseases in Schedule 5 of the Enforcement Decree of the Labor Standards Act, and specific criteria for the recognition of occupational diseases are listed in Schedule 3 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act. The new list of compensable occupational diseases comprises 13 articles as an open-ended system. The newly added articles pertain to lymphohematopoietic (Article 5) and infectious diseases (Article 9), as well as diseases of other target organs. Furthermore, the article on liver diseases (Article 8) has been partially revised. The new act has been changed to clarify the meaning as it has been presented in recent research. It is necessary to achieve agreement among concerned parties, including experts from the legal, medical, and social domains to resolve the issues of work-relatedness, causation, notion of aggravation, and so on for preparing a list and a process that are more reasonable.
职业病只能从医学或科学角度进行定义,即便如此,其定义也并非简单明了。然而,可获赔偿的职业病还涉及法律制度和社会福利政策等额外层面。其多面性使得确定这些疾病与工作的关联性变得更加复杂。韩国在《劳动标准法实施令》附表5中制定了职业病认定标准,《工业事故赔偿保险法实施令》附表3列出了职业病认定的具体标准。新的可获赔偿职业病清单作为一个开放式系统包含13条。新增条款涉及淋巴造血系统疾病(第5条)和传染病(第9条)以及其他靶器官疾病。此外,关于肝脏疾病的条款(第8条)已部分修订。新法案已做出修改,以阐明近期研究所呈现的含义。有必要在包括法律、医学和社会领域专家在内的相关各方之间达成共识,以解决与工作关联性、因果关系、病情加重概念等问题,从而制定出更合理的清单和流程。