The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1.(a)

Article 87(1) of the Industrial Accident Compensation Insurance Act provides, “Where insurance benefits are paid due to a disaster caused by an act committed by a third party, COMWEL shall subrogate the right to claim damages against the third party by the person who has received the benefits within the limit of the benefits paid: Provided, That this shall not apply to cases where an accident occurs due to the act of the worker who is committed by two or more employers who are insured by dividing one business in the same place

The third party is the insurer, the insured (business owner), and the person who has no industrial accident compensation insurance relationship directly or indirectly with the business owner who is the insured, and is liable for damages under the provisions of the Guarantee of Automobile Accident Compensation Act, the Civil Act or the State Compensation Act for the damaged worker.

(1) Article 2 subparag. 5 of the former Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (amended by Act No. 9896, Dec. 30, 2009; hereinafter “Insurance Premium Collection Act”) defines “subcontractor” as “a person who intends to obtain a contract for all or part of the business from an original contractor and a person who intends to obtain a contract therefor from the original contractor,” and Article 9(1) main sentence of the same Act defines “the original contractor as “a person who intends to obtain a contract for all or part of the business from the original contractor,” and Article 9(1) of the same Act defines “the original contractor as a business owner where a construction business or any other business prescribed by Presidential Decree is conducted through a series of contracts.”

In addition, Article 89 of the Industrial Accident Compensation Insurance Act is equivalent to the amount of insurance benefits in accordance with the Civil Act or other Acts and subordinate statutes for the same reason as the insurance benefits under this Act are paid to the worker to whom the policyholder belongs.