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(영문) 창원지방법원 2016.11.03 2016나50768
손해배상(산)
Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1...

Reasons

The court's explanation of this case is consistent with the reasoning of the judgment of the court of first instance, except where the defendant added the following judgments as to the matters alleged in the trial of the court of first instance, and thus, it refers to the reasoning of the judgment of the court of first instance.

The summary of the argument that the plaintiffs' claims for damages are unjustifiable pursuant to Article 58 (2) of the collective agreement to determine the defendant's assertion in the trial of the trial of the trial of the trial of the trial of the trial of the trial, as the plaintiffs A received insurance benefits under the Industrial Accident Compensation Insurance Act (hereinafter "Industrial Accident Insurance Act") in relation to the accident of this case from the Korea Workers' Compensation and Welfare Service, the

Judgment

Where the objective meaning of the language and text of a collective agreement is not clearly revealed and there is an opinion surrounding the interpretation of the language and text, the relevant language and text, motive and circumstances for which a collective agreement was concluded, purpose and genuine intent of a trade union and an employer to achieve by the collective agreement shall be reasonably interpreted in accordance with logical and empirical rules so as to conform to the ideology of social justice and equity.

(See Supreme Court Decision 2014Da82026 Decided October 27, 2016, and Supreme Court Decision 2014Da14115 Decided June 26, 2014, etc.). The foregoing legal doctrine is deemed in light of the foregoing legal doctrine.

Article 58(2) of the Defendant’s collective agreement in 2013 provides that “When a member files a claim for medical care and temporary disability compensation benefits due to a serious occupational injury, the company shall not make any separate compensation, and all compensation shall be paid to the relevant institution under the Industrial Accident Insurance Act.” On or around 2014, the Plaintiff received from the Korea Workers’ Compensation and Welfare Service totaling KRW 25,656,150 of the insurance benefits under the Industrial Accident Insurance Act in relation to the instant accident (i.e., KRW 13,831,830 of the temporary disability compensation benefits (= KRW 5,949,540 of the disability benefits) from the Korea Workers’ Compensation and Welfare Service.”

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