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(영문) 대전지방법원홍성지원 2015.05.27 2015가단557

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Under the trade name of “C,” the Defendant subscribed to the industrial accident compensation insurance for workers, as an individual entrepreneur engaged in heavy equipment business, such as pumps, etc.

On November 12, 2014, the Plaintiff entered into an employment contract with the Defendant and was employed as a law firm driver from around that time. The Plaintiff suffered injury, such as raw dysium 1 studs and dysium 4 weeks of treatment while on November 12, 2014.

(hereinafter “the instant disaster”). / [Grounds for recognition] without dispute, Gap 1, Eul 1, and the purport of the entire pleadings

2. The defendant, which caused the plaintiff's claim, is obligated to pay the plaintiff's employer compensation for medical treatment under Article 78 of the Labor Standards Act, compensation for business suspension under Article 79, and compensation for disability under Article 80.

3. Article 48(1) of the Industrial Accident Compensation Insurance Act provides that "where a beneficiary received or is able to receive insurance benefits under this Act, the insured shall be exempted from liability for accident compensation for the same reason," and the purport of this provision is that the industrial accident insurance has the nature of liability insurance for accident compensation, and that the employee should first claim the industrial accident insurance benefits in relation to accident compensation is no less favorable to the employee. If an employer makes accident compensation in advance for an employee even though he has been forced to subscribe to the industrial accident insurance, then the employer would be deprived of the insurance benefits, and even if the employer can claim after the accident compensation, the legal relationship between the employer and the State is complicated. In light of the above, if the employer is required to subscribe to the industrial accident insurance and pay the insurance benefits in accordance with the Labor Standards Act, it shall be deemed that the employer is exempted from liability for accident compensation under the Labor Standards Act.