Second is a problem related to the universal income preservation system for non-work
related injuries. The introduction of social insurance benefits that provide income in case a
worker cannot work due to non-work related injuries, that is, the public sickness allowance
system targeting all employed persons, is a condition necessary to actually protect the right
to rest when sick. The target of support for the sickness allowance pilot project are
company-sponsored health insurance subscribers, employed people including self-employed
people, and workers at companies designated by local governments, and the maximum wage
guarantee period is 90 days or 120 days, which differs for each pilot model.
In response, the Legislative Research Service recommended to apply the OECD member
states’ average for the waiting period and maximum guarantee period, as in the pilot project,
and prevents any blind spots in the eligible recipients, and the insurance premium to be borne
by the worker and the employer equally in order to increase acceptability of the system.578)
However, some assert, led by the business groups, that is should be limited to workers from
the vulnerable class, since the additional burden of paying insurance premiums necessary to
cover the sickness allowances arises regardless of whether the sick leave system is provided.
C) The Need to Guarantee the ‘Right to Rest when Sick’ to All Working People
‘The right to rest when sick’ means that if an individual is unable to work due to injury or
disease, the right not to be disadvantaged in employment, such as dismissal, for this reason,
and the right to be guaranteed survival in accordance with human dignity even during the
period of inability to work. In other words, it is a right that is closely related to the right to
health, labor, and social security of working individuals. However, the ‘right to rest when
sick’ in Korea is recognized only in a limited situation of work-related injuries or diseases,
and the right to take a leave of absence due to injury or illness outside of work is not
recognized as a legal right for most workers.
Articles 7 and 9 of the UN Convention on Economic, Social and Cultural Rights stipulate
that everyone has “the right to safe and healthy working conditions” and “social security,
including social insurance.” According to General Comments 19 and 23 of the UN
578) National Assembly Legislative Research Service, Issues and Arguments, ‘Significance and Future Tasks for
Implementing the Sickness Allowance Pilot Program,“ Aug. 17, 2022.
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