A. The Plaintiff is a non-profit corporation that runs the national health insurance business under the National Health Insurance Act, and B is a national health insurance policyholder.

B. B, under employment by the Defendant on September 1, 2013, at around 10:30, he fells from the roof of the house construction construction work site located in the former North Korea-gun C (hereinafter “instant accident”) and suffered injury, such as an injury on credit bladrosis, while providing labor at the site of new construction work site.

C. B received medical treatment in a hospital, E hospital, etc. due to the instant accident, and the Plaintiff paid 43,482,580 won, excluding 3,952,360 won, out of 47,619,950 won, to the relevant medical institution.

【Ground of recognition】 The fact that there is no dispute, Gap evidence 1, and 2, the purport of the whole pleadings

2. Determination

A. Article 78(1) of the Labor Standards Act provides that an employer shall provide necessary medical care at his/her expense or bear necessary medical care expenses when a worker suffers from an occupational injury or disease. If a worker who suffers from an occupational accident receives benefits equivalent to medical care compensation under Article 78(1) of the Labor Standards Act from a third party other than the employer, a worker may not exercise his/her right to claim medical care compensation any longer due to an occupational accident.

As such, an employer is obligated to return benefits acquired by removing a third party who has provided a benefit equivalent to the compensation for medical care from his/her obligation to compensate for medical care to a worker.

B. (See Supreme Court Decision 2004Da12660 delivered on April 28, 2005).

In light of the above legal principles, the above facts revealed that B received benefits from the Plaintiff within the scope of receiving insurance benefits, and therefore, B cannot exercise the right to claim for medical care compensation against the Defendant under the Labor Standards Act, and thus, B is obliged to claim for medical care compensation.