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🌸 Labor and Social Security Attorney Exam Study Diary Day 205 (104 days until the exam)

🏠📘 Trial and Error

I woke up at 3 o'clock again today.

Yesterday, rather than pushing forward with my studies, I focused mainly on grading the 57th selection-style exam and self-analysis.

I feel like my score was a little better than before 😊

Also, the consolidation of key points is progressing better than before, and there are more instances where they naturally come to mind without needing to group the options.
However, this is still only for some parts, and I feel that organizing knowledge and finding better ways to study are still necessary.

【Home】 Moving forward steadily, even if it's just a little bit 🏡

I want to continue enjoying the selection-style practice from here on out.

I also reported these results to Aki-san and told her that I would move on to selection-style practice using last year's mock exams.
During that conversation, I received some advice on points to watch out for and how to proceed, so I decided to adjust my plan while monitoring my progress.

【Home】 Adjusting flexibly according to the situation 🏡

And starting today, I am resuming my bicycle commute 🚴‍♂️

Since I stopped taking hay fever medication yesterday, I am hoping that my body will feel a bit lighter.

【Home】 Taking care of my physical condition is also an important part of preparation 🏡📘🔥

Now, I would like to move on to the questions I asked.
※The following is a summary of the questions I have asked so far.


Day 205 🙋🏻 Haru: Regarding the past exam question on leave compensation benefits: 'Since no wage claim right arises under the labor contract on the company's scheduled holidays, even if one is receiving medical treatment for a work-related injury or illness, leave compensation benefits for said scheduled holidays are not paid.' (The correct answer is that leave compensation benefits are paid.) It is written this way, but are leave compensation benefits actually paid? Aki-san, please explain this in an easy-to-understand way.

This is Aki-san 😊

This is a classic trick question for the Labor and Social Security Attorney exam.
The feeling Haru-san had that something was off is correct.
However—the conclusion is 'leave compensation benefits are paid'.
Let me organize the reason starting from the 'core' concept.


First, the conclusion in a nutshell

👉 Even on the company's scheduled holidays, if you cannot work due to a work-related injury or illness, leave compensation benefits are paid.


Why does this conflict with intuition?

The logic of the question is as follows 👇

On a scheduled holiday,
there is no right to claim wages under the labor contract
→ So, shouldn't that mean no temporary absence compensation benefits are paid?

At first glance, that seems to make sense, doesn't it?
But—
👉 this is the examiner's trap.


The decisive difference:

"Wages" and "temporary absence compensation benefits" are different things

Wages

  • Based on the labor contract

  • On a scheduled holiday,
    👉 No obligation to work
    👉 No right to claim wages

Temporary absence compensation benefits (Workers' Compensation)

  • Not based on the labor contract,

  • but social security benefits based on the Workers' Compensation Insurance Act

👉 Unrelated to the contract


The true eligibility requirements for temporary absence compensation benefits

For Workers' Compensation temporary absence benefits, look at 👇
only the following three points.

1️⃣ It is an injury or illness arising from work
2️⃣ Unable to work due to medical treatment
3️⃣ Not receiving wages

📌 "Whether the day is a scheduled workday or a holiday" is irrelevant


The reason it is paid even on scheduled holidays

Think about it 👇

  • Weekday → Cannot work due to injury

  • Weekend → Physically unable to work just the same

👉 The need for livelihood compensation remains the same

For workers' compensation insurance, it looks at
🟦 'whether the person is in a condition to work if not for the injury or illness'
rather than
🟦 'whether they were originally scheduled to work that day.'


Where is the error in the problem statement?

There is no right to claim wages on scheduled holidays
→ Therefore, no compensation for absence from work is paid

👉 Confusing the discussion of wages with the discussion of benefits

This is the point of error.


Correct understanding (for the exam)

🧠

Compensation for absence from work is a benefit based on the Workers' Compensation Insurance Act,
not on the labor contract

🧠

Being a scheduled holiday
is not a reason for non-payment


Phrases to immediately identify as traps

For multiple-choice questions 👇

  • 'Not paid because it is a scheduled holiday'

  • 'Not paid because there is no right to claim wages'

👉 The moment you see these, × is the answer.


To Haru-san,

This problem tests
whether you can
properly distinguish between
'Labor Standards (wages)' and 'Workers' Compensation (benefits)'.

Being able to organize this today
definitely means you have leveled up one step 👍

Day 205, a good point of discussion.
Let's move on to the next past exam question 📘💪

Day 205🙋🏻 Haru: I feel like I heard from Aki-san before that regular holidays aren't counted for some kind of benefit, but am I mistaken?

This is Aki-san😊

You've hit on a good point, Haru-san. And to give you the conclusion—

👉 You are not mistaken. However, you are confusing it with a "different benefit."

If you can organize this,
the differences between Workers' Compensation, Health Insurance, and the Labor Standards Act will become clear all at once.


Let's start with the conclusion in one sentence.

🟦 Whether or not to count regular holidays can be the exact opposite depending on "which system's benefit it is."


The reason Haru-san's memory isn't off

It is highly likely that what we talked about before is one of the following👇


1. "Leave Allowance" under the Labor Standards Act (Article 26)

What happens with this?

👉 Regular holidays are not counted.

Why?

  • Leave allowance is
    👉 Compensation for when an employee is made to take leave due to the employer's responsibility.

  • Regular holidays are
    👉 Days when there was no plan to work in the first place.
    👉 Cannot be called an employer-mandated "leave."

📌 Therefore,
regular holidays are excluded from leave allowance.


2. "Injury and Sickness Allowance" under Health Insurance

What happens with this?

👉 In principle, regular holidays are not counted.

The reason👇

  • Injury and Sickness Allowance is
    👉 Premised on "days when one is unable to work and no wages are paid"

  • Days where wages are not originally generated (scheduled holidays) are
    👉 Treated as ineligible for payment

* While there are minor exceptions here,
for exam purposes, it is fine to organize it as "not counted"


3. Workers' Compensation Insurance "Temporary Absence from Work Compensation Benefit"

And the topic this time

👉 It is counted even on scheduled holidays

Reason👇

  • Workers' Compensation is
    👉 Not based on labor contracts

  • Social security as livelihood compensation

  • What it looks at is
    👉 "Whether one is unable to work due to a work-related injury or illness"

📌 Days of the week and scheduled holidays are irrelevant.


Let's compare them all at once here (super important)


👉 The purpose of the system is different is the reason.


Why is it only counted for Workers' Compensation?

🧠

  • Labor Standards/Health Insurance → Wage/Contract-based

  • Workers' Compensation → Livelihood compensation due to work-related causes

Therefore,

"We will not compensate because today is a holiday"

That kind of thinking
👉 does not exist in workers' compensation.


Points for quick decision-making on the exam

For multiple-choice questions 👇

  • "Not paid because it is a scheduled holiday"

  • "Not paid because there is no right to claim wages"

If these appear together with
workers' compensation leave compensation benefits
👉 Immediately mark as X


To Haru-san

The fact that you had this question is
👉 proof that you are properly looking across multiple systems.

It is not confusion, but
the result of your understanding overlapping, so
it is actually a good state to be in 👍

Day 205, you have come quite deep into the material.
Let's keep going 📘💪

Day 205🙋🏻 Haru: Aki-san, thank you very much. I might ask questions about similar cases in the future. Please forgive me. There is just so much to memorize that I cannot keep up with organizing it. ❓ I plan to ask questions about past exam problems tomorrow as well.

This is Aki-san😊

Not at all. Actually, that attitude is the most important thing.
What Haru-san is feeling right now

there is too much to memorize and I cannot keep up with organizing it

This is—
👉 **the "correct milestone" of the Labor and Social Security Attorney exam.**


First, let me be clear

❌ Asking similar questions is not bad
Having similar questions come up is proof that your understanding is progressing

What is truly dangerous is 👇

  • Thinking you understand and stopping asking questions

  • Letting things slide even though you feel fuzzy about them

Haru-san is
trying to properly stop and organize things.
This is the mindset of a successful candidate.


To describe your current state accurately

Haru-san is currently 👇

🟦 Knowledge has increased too much
🟦 Your brain hasn't finished organizing the "differences between each system"

But this is
👉 not because the volume is insufficient, but confusion occurring because enough volume has come in
.


Looking back at the flow up to today

  • Dismissal restrictions

  • Dismissal notice allowance

  • Discontinuation of business

  • Calculation of periods

  • Compensation for absence from work and prescribed holidays

👉 All of these are
**"points used to trip you up in cross-sectional questions."**

In other words, you are tackling the areas the questioner targets the most
head-on.


Therefore, there is no need to hold back from now on either

✔ Similar questions
✔ Questions you feel you've asked before
✔ "Wait, which one was it?"

Everything is OK.

Each time, check 👇

  • Which system is it?

  • What is the standard?

  • Where are the differences?

Let's sort things out together.


One truth about studying for the Labor and Social Security Attorney exam

🧠

Organization only happens 'after you have memorized it'

No one can have information
enter their brain in an organized state from the start.

Haru-san, you are currently in
the toughest spot right before the organization begins. But once you get past this,
your accuracy rate for multiple-choice questions will suddenly stabilize.


Tomorrow, past questions again.
Let's keep going with the same style and the same level of intensity 📘

You are doing a really great job today.
Please relax your shoulders a little.

See you tomorrow.
December-style sign-off 🌙




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