1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Judgment of the first instance.

1. The reasons for this Court’s acceptance of the judgment of the court of first instance are as follows, except for adding the following judgments, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary Determination Part] The purpose of Article 2(2) of the General Automobile Insurance Clause is to stipulate various employer's liability for compensation for damages caused by occupational accidents in the labor-management relations between the employer and the employee, while setting the industrial accident insurance system under the Industrial Accident Compensation Insurance Act in order to secure such liability for compensation. Thus, it is to ensure that the damages caused by occupational accidents subject to the industrial accident insurance are compensated by the industrial accident insurance, and to exclude them within the scope of compensation for automobile insurance aimed at compensating for the damages to a third party to the extent that such compensation can be compensated by the industrial accident insurance.

(2) The insurer is liable to compensate for the excess portion pursuant to the proviso to the exemption clause of this case, unless there are special circumstances. (See Supreme Court en banc Decision 2002Da4429, Sept. 4, 2002). (See Supreme Court en banc Decision 2003Da2802, Mar. 17, 2005). Therefore, where a motor vehicle insurance accident falls under an industrial accident and the victim is “persons entitled to accident compensation under the Industrial Accident Insurance Act,” and where the insurer is able to compensate for the damage to be compensated by the industrial accident insurance benefits out of the damage to be compensated by the motor vehicle insurance contract, barring any special circumstances.

In addition, whether the victim constitutes a “person entitled to accident compensation under the Industrial Accident Insurance Act,” which is a requirement to apply the exemption clause of this case, is at the time of the occurrence of the automobile accident.