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1. The Defendant’s KRW 126,273,880 as well as 5% per annum from May 3, 2013 to April 23, 2014 to the Plaintiff.
Reasons
1. Facts of recognition;
A. B, who was employed by the Defendant on September 26, 2009, suffered injury to “the instant accident” due to an accident falling on the ground below 2.5m below the 2.5m of the removal work conducted by the D Research Institute located in Jin-gu, Busan (hereinafter “instant accident”).
B. From September 26, 2009 to October 22, 2012, the Plaintiff’s insured Party B received medical treatment from each medical care institution listed in the column for the calculation sheet of damages in attached Form No. 126,273,80, as stated in the attached Form No. 126,273,80, as stated in the calculation sheet of damages.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings
2. Article 78(1) of the Labor Standards Act provides that when an employee suffers from an occupational injury or disease, the employer shall provide necessary medical treatment at his/her expense or bear necessary medical treatment expenses. Article 87 of the same Act provides that the person entitled to receive compensation shall be exempted from liability for compensation within the limit of the value of the money and valuables received equivalent to the accident compensation as prescribed by this Act under the Civil Act and other Acts and subordinate statutes for the same reason. If the employee who suffers from an occupational accident receives the benefits corresponding to the medical treatment compensation as prescribed by Article 78(1) of the Labor Standards Act from a third person who is not the employer, the employer shall not exercise the right to claim medical treatment due to an occupational accident, and the employee shall return the benefits derived from the employee’s discharge of the duty to claim medical treatment for the employee.
(See Supreme Court Decision 2004Da12660 delivered on April 28, 2005). According to the health class in this case, according to the above facts of recognition, the defendant as the employer of B is the employer of B under Article 78(1) of the Labor Standards Act.