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(영문) 부산지방법원 2014.07.17 2013나44000

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is that part of the reasoning of the judgment of the court of first instance.

The term "foreignity" in paragraph (2) (No. 2) shall be deemed to be "foreignity" and Article 1-3 (3).

The entry in paragraph (2)(Attachment 18), “7,491,678 won”, “7,488 won”, and “3-b”.

The phrase “7,491,678 won” as “7,481,678 won” as “7,481,678 won,” and the phrase “17,491,678 won” as “17,481,678 won” as “17,481,678 won,” and the following judgment is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments to the corresponding part, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. The Defendant’s assertion 1 that the Defendant is excluded from a third party who can be claimed as the Defendant’s harmful act by rent workers is in line with the social insurance or liability insurance nature of the industrial accident compensation insurance, and thus, the Korea Labor Welfare Corporation should be ultimately liable for compensation in the event that another worker’s accident is recognized as an occupational accident due to the harmful act by rent workers. Therefore, it is consistent with the nature of the industrial accident compensation insurance.

The Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”) applies to occupational accidents caused by A’s harmful act, a worker of the same flag construction, as well as C/Industrial Accident Compensation Insurance (hereinafter “Industrial Accident Compensation Insurance Act”) directly or indirectly, with respect to the occupational accidents caused by A’s harmful act.

(2) The third party provided for in the main sentence of Article 87(1) of the Industrial Accident Compensation Act refers to a person, other than the insurer, the insured, and the pertinent beneficiary, who has no relationship with the industrial accident compensation insurance, and who is liable for damages under the provisions of the Act on the Guarantee of Automobile Accident Compensation (hereinafter “self-liability Act”) or the Civil Act or the State Compensation Act for re-employed workers.