Committee on Economic, Social and Cultural Rights, paid sick leave is an essential element
of ‘safe and healthy working conditions’ in terms of treatment of workers suffering from
acute or chronic diseases and reduction of infection to fellow workers, and stated that the
right to social security includes the right to be adequately protected from the situation of lack
of income due to illness. Moreover, the states party to the Covenant recommended that the
social security system of each country should include benefits to compensate for the period
of loss of income for those unable to work due to illness.
The ILO stipulated sickness benefits in preparation for income interruption due to illness
in the Social Security (Minimum Standards) Convention, No. 102, in 1952. The ‘Medical
Care and Sickness Benefits Recommendation, No. 134, 1969’ also stipulates sickness
benefits in detail.579)
Most countries around the world institutionally guarantee workers’ “right to rest when
sick” by introducing a statutory sick leave or sickness allowance system.580) In many
countries, although details may be different for each country, employers are required to
provide income support for a fixed period by linking paid sick leave and sickness allowance
at work, and after the fixed period, social insurance provides the support.581)
The situation in which people have to continue working because they cannot rest even
though they are sick seems to be treating human beings only as a means of labor power, not
as subjects of a dignified life. Therefore, the ‘right to rest when sick’ needs to be recognized
as a fundamental right that should be universally guaranteed to all working people.
Moreover, it is necessary to legally ensure that all wage workers can use vacation or leave for
a fixed period for non-work injuries regardless of the type of employment or the size of the
workplace.
579) Cho, Seong-hye, “Guaranteeing Income When a Worker is Sick – Comparing Legal Systems of Korea and Germany,”
2018.
580) In 1883, Germany (Sickness Insurance law) first introduced 'Injury Allowance' as one of the social insurance benefits.
As of 2021, 36 of the 38 OECD member countries, excluding Korea and the United States (which only introduced
some states), have introduced sickness benefits. As of 2019, 163 of the 182 member countries of the International
Social Security Association (ISSA) have introduced sickness benefits.
581) According to a study that analyzed the status of systems in 184 countries around the world based on data from the
ILO and the International Social Security Association (ISSA), only 11 countries, including Korea, did not have both
statutory paid sick leave and public sickness benefits. and Korea and the US are the only OECD member states
without them. However, in the US, although there is no legal requirement for paid sick leave, 12 weeks of unpaid
sick leave per year are guaranteed by federal law to prevent dismissal due to non-work injury (Family and Medical
Leave Act of 1993), and many of states have their own statutory paid sick leave schemes.
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