장해급여부지급처분취소
The judgment below is reversed, and the case is remanded to the Daegu High Court.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1.(a)
Approval of a debt which is the cause of interruption of extinctive prescription is established by expressing to the other party or his/her agent who is the party who is the party who is the party who is the party who is the party who is the party who is subject to interruption of extinctive prescription the purport that the other party or his/her agent is aware of the other party's right or his/her debt
In addition, approval is a unilateral act that recognizes the existence of rights, etc. of the other party, and it is not necessary for the debtor to confirm specific matters concerning the cause, content, scope, etc. of rights, and it is not necessary for the debtor to know about the legal nature of rights, etc. or to specify the cause of rights
In addition, the recognition of such approval should be objectively and reasonably based on logical and empirical rules, and common sense of society by comprehensively examining the contents, motive and background of the expressive act at issue, the purpose and genuine intent of the parties to achieve through such act, etc.
(See Supreme Court Decision 2008Da25299 Decided July 24, 2008; Supreme Court Decision 2012Da45566 Decided October 25, 2012, etc.)
B. (1) The Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”) provides that where the right to receive insurance benefits under the Industrial Accident Insurance Act is not exercised for three years, the extinctive prescription is extinguished due to the extinctive prescription (Article 112(1)1). The extinctive prescription under Article 112 of the Industrial Accident Insurance Act is interrupted by a beneficiary’s claim for insurance benefits under Article 36(2) of the Industrial Accident Insurance Act (Article 113).
In light of the language and purport of these regulations, the nature of claims for insurance benefits under the Industrial Accident Insurance Act, Article 113 of the Industrial Accident Insurance Act shall claim insurance benefits under Article 36(2) of the Industrial Accident Insurance Act.