The judgment below is reversed, and the case is remanded to Busan High Court.

The grounds of appeal are examined.

1. Where an industrial accident occurs due to a joint tort committed by a policyholder and a third party, the Korea Labor Welfare Corporation, in light of the principle of good faith and the ideology of the litigation economy, such as prevention of a circular claim seeking compensation, cannot claim against a third party the amount equivalent to the fault ratio of the policyholder, and the amount equivalent to the fault ratio of the insured out of the amount of damages to be compensated by the victimized worker, shall be deducted from the amount of insurance benefits (if the amount of damages to be compensated is less than the amount of insurance benefits, the amount equivalent to the fault ratio of the policyholder shall be deducted from the amount of damages to be compensated, and if the amount of damages to the victimized worker is less

(See Supreme Court en banc Decision 200Da62322 Decided March 21, 2002, and Supreme Court Decision 2007Da82059 Decided May 13, 2010, etc.). This legal doctrine equally applies to the case where an industrial accident occurred due to a joint tort committed by an employee belonging to an insurance policyholder and a third party, and the insured bears an employer’s liability under Article 756 of the Civil Act as an employer. In such a case, the Korea Labor Welfare Corporation may not claim against a third party the share of the insurance policyholder’s liability according to the ratio of negligence by the employee belonging to the insurance policyholder.

2. Review of the reasoning of the lower judgment and the evidence duly admitted by the lower court reveals the following facts.

(1) The Plaintiff is a legal entity entrusted with industrial accident compensation insurance business by the Minister of Employment and Labor pursuant to the Industrial Accident Compensation Insurance Act, and the B (hereinafter “victim”) and J are employees of C Co., Ltd. (hereinafter “C”), a policyholder of industrial accident compensation insurance, and the Defendant is a comprehensive insurer of E1 ton truck (hereinafter “victim”).

(2) D On September 21, 2012, driving a sea-going vehicle around 08:50 on September 21, 2012, and is located in Busan F. F.