Relationship between claims for damages under the Civil Act and claims for industrial accident insurance benefits under the Labor Standards Act.

Since insurance benefits under the Industrial Accident Compensation Insurance Act are directly compensated by the State for losses caused by an occupational accident of a worker who shall be compensated by the employer from the standpoint of the insurer from the standpoint of the insurer, in case the beneficiary is extinguished by receiving damages, etc. under the Civil Act from the employer for the same reason as that of the occupational accident which caused the insurance benefits, the right to claim for insurance benefits shall also be deemed extinguished. However, as long as the beneficiary is in a position to exercise the right to claim for accident compensation against the employer under the Labor Standards Act, the above right to claim for insurance benefits aimed

Article 11 of the Industrial Accident Compensation Insurance Act, Articles 82, 83, and 87 of the Labor Standards Act

Supreme Court Decision 83Nu242 delivered on November 8, 1983, Supreme Court Decision 85Nu12 delivered on May 14, 1985

[Judgment of the court below]

The head of the office of Busan Dong branch office in the Ministry of Labor

Daegu High Court Decision 84Gu197 delivered on October 26, 1984

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

Insurance benefits under the Industrial Accident Compensation Insurance Act shall be compensated directly by the State from the standpoint of the insurer for losses incurred by an employee due to an occupational accident of which the employer is obliged to compensate under the Labor Standards Act. Thus, in light of the nature of the right to claim such insurance benefits, if the right to claim accident compensation against the employer is extinguished by receiving damages from the employer for the same reason as that of the occupational accident which caused the insurance benefits, this right to claim insurance benefits shall also be deemed extinguished. However, as long as the beneficiary is in a position to exercise the right to claim accident compensation against the employer under the Labor Standards Act, the above right to claim insurance benefits for the transfer purpose shall not be extinguished (see Supreme Court Decision 83Nu242 delivered on November 8, 1983). According to the facts established by the court below, it shall be 00,000 won as to the occupational accident of this case from the non-party and the non-party, who is the third party, and it shall be 100,000,000 won which are still received from the non-party and the non-party company.

Therefore, for the same reason, the plaintiff received 14,00,000 won agreed upon from the above non-party and the above non-party for the same reason, so the defendant's disposition rejecting the payment of insurance benefits under the Industrial Accident Compensation Insurance Act was unlawful since the claim for insurance benefits under the Industrial Accident Compensation Insurance Act was extinguished, and the judgment of the court below that revoked the above disposition is justifiable, and there is no violation of the Labor Standards Act or the Industrial Accident Compensation Insurance

Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices Jeon Soo-soo (Presiding Justice)