1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. On May 4, 2007, B determined as to the cause of the claim: (a) during the process of removing a building under the employment of the Defendant, was killed; (b) from May 4, 2007 to March 9, 2008, the Defendant was receiving medical treatment from the Suwon Hospital of the New Medical Foundation; (c) from September 21, 2007 to April 14, 2008, the Plaintiff paid KRW 43,468,402 to the Defendant as the medical care benefits of the Plaintiff; (d) on June 30, 2010, the Plaintiff filed a lawsuit claiming the return of unjust enrichment equivalent to the medical care benefits paid to the Defendant on June 30, 201 (U.S. District Court Decision 201Da483766); (c) the Defendant paid the Plaintiff the remainder of KRW 200,000 on November 35, 2010 to the Plaintiff; and (d) the Plaintiff paid the remainder of KRW 1036.10.101.2

Meanwhile, according to the National Health Insurance Act, the National Health Insurance Corporation does not provide insurance benefits if a person entitled to receive insurance benefits receives insurance benefits or compensations under other statutes due to a disease, injury, or accident caused by a business or official duty (see Article 53(1)4 of the National Health Insurance Act). Article 81(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. Thus, if a worker who suffers from an occupational accident receives benefits from a third person who is not the employer, the employer may not exercise his/her right to claim medical care compensation due to an occupational accident even if the worker has received medical care benefits equivalent to the medical care benefits

As such, an employer has provided an employee with medical care compensation.