보험급여대체지급부지급처분 취소
1. Revocation of a judgment of the first instance;
2. On April 22, 2014, the Defendant rendered a substitute payment disposition for insurance benefits to the Plaintiff.
1. The reasons why the court should explain in this part are as stated in the pertinent part of the reasoning of the judgment of the court of first instance (from No. 9 to No. 20). Thus, this part of the reasoning of the judgment of the court of first instance is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure
2. Whether each of the dispositions of this case is legitimate
A. The Plaintiff’s assertion is that the amount equivalent to insurance benefits under the Industrial Accident Insurance Act is paid to the bereaved family members of the deceased for the same reason as the reason for the payment of insurance benefits under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”). In such a case, the Plaintiff may claim the payment of the amount to the Plaintiff by subrogation of the deceased’s right to receive insurance benefits pursuant to Article 89 of the Industrial Accident Insurance Act, but each of the dispositions of this case
(b) The details of the relevant statutes are as shown in the attached statutes.
C. 1) Article 89 of the Industrial Accident Insurance Act provides that “Where an insured worker has paid in advance money and valuables equivalent to insurance benefits pursuant to the Civil Act or other statutes for the same reason as that for the payment of insurance benefits under this Act with respect to an occupational accident of his/her employee, and such money and valuables are deemed to have been paid as a substitute for the insurance benefits, the insured shall subrogate the beneficiary’s right to receive the insurance benefits, as prescribed by Presidential Decree.”
Therefore, in order to make a subrogation under Article 89 of the Industrial Accident Insurance Act, it should be premised on paying in advance money and valuables equivalent to insurance benefits to beneficiaries for the same reason as the reason for the payment of insurance benefits under the same Act.
However, the Industrial Accident Insurance Act which regulates "the relationship with other compensation or compensation".