A. Compensation for bereaved family members is to prevent the employer from being liable for tort against the property damage of lost profits caused by the death of the worker, and to pay the prescribed bereaved family members, not to have the nature of consolation money.

(b) In case where the employer’s liability for tort is recognized in the inheritance of compensation for survivors, if the amount of damages for property which has lost future profits due to the tort is larger than that of compensation for survivors, as to the balance obtained by deducting the amount equivalent to compensation for survivors of the property damages, the entire inheritor, including the property inheritor, shall inherit the relevant balance according to the inherited portion of the Civil Act.

A. Compensation for survivors is a matter of course to prevent the employer from committing tort against the property damage caused by the death of the worker, and is paid to the prescribed bereaved family members, and is not of the nature of consolation money.

B. In cases where the employer’s tort liability is recognized in the inheritance of survivor compensation, and where the property damages for which future profits are lost are larger than that of survivor compensation, the entire inheritor including the inheritor who is entitled to receive survivor compensation as to the remaining amount after deducting the amount equivalent to survivor’s compensation from the property damages shall inherit such remaining amount according to the inherited portion of the Civil Act.

Articles 82 and 87 of the Labor Standards Act, Article 1009 of the Civil Act

Plaintiff 1 and five others

Korea Coal Corporation

Seoul High Court Decision 68Na802 delivered on June 28, 1968

The part of the original judgment against the plaintiffs except the plaintiff 6 is reversed, and the case is remanded to the Seoul High Court.

The appeal against the plaintiff 6 is dismissed.

Expenses incurred by an appeal against the plaintiff 6 shall be borne by the defendant.

As to the ground of appeal No. 1 by the Defendant’s legal representative, the lower court determined that the Defendant’s judgment did not compensate for the profits that the deceased Nonparty could have gained, i.e., property damages, but did not have the nature of consolation money as to the Plaintiff 1, under the Labor Standards Act that was paid to Plaintiff 1, his wife due to the death of the deceased Nonparty.

However, compensation for survivors as prescribed by the Labor Standards Act is an accident compensation paid to the employee who died in the course of his duties to bereaved family members, so that compensation for survivors shall be paid to the employer a certain amount of amount of compensation under the Special Act, the Labor Standards Act, and the Enforcement Decree thereof, which is a special law, and the Civil Act, shall not be applicable to compensation for damages to property which would result in loss of future profits due to the death of the employee. If the employer's liability for the death can be recognized as tort, the amount of compensation for property loss which would result from the unlawful act shall exceed the amount of compensation as prescribed by the Labor Standards Act, in light of the provisions of Article 87 of the Labor Standards Act, if the amount of compensation for damages to property lost which would result from the unlawful act is larger than the amount of compensation for bereaved family members, the entire amount of compensation for survivors, including the above compensation for survivors, shall be interpreted to inherit the balance according to the share of inheritance in the Civil Act, and even if there is considerable reason to reverse the judgment of the court below as to compensation for survivors as to the remaining part of the appeal against the plaintiff.

Therefore, according to Articles 406 and 399 of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating judges.

The presiding judge of the Supreme Court (Presiding Judge)