1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The court's explanation concerning this case is 2.B. of the judgment of the court of first instance.

2) Paragraph (1) [Judgment of the Defendant on the Defendant’s grounds for the exemption of liability] (Article 420 of the Civil Procedure Act is the same as the part on the grounds of the judgment of the first instance except in the following cases:

2. The phrase "the parts altered" shall not be compensated for an employee who is liable for compensation under the Industrial Accident Insurance Act, as an employee of the insured who is entitled to receive the accident compensation under the Industrial Accident Insurance Act.

"The purpose of the exemption clause is to stipulate the exemption clause in the Labor Standards Act governing the labor-management relations between the employer and the worker, while prescribing the employer's various liability for compensation for the damages caused by the occupational accidents, as well as the industrial accident insurance system under the Industrial Accident Insurance Act to secure such liability, it is reasonable to interpret that the accident compensation for the damaged workers caused by the occupational accident subject to the industrial accident insurance should also be compensated by the industrial accident insurance, and that the accident compensation for the third parties should be excluded from the scope of compensation for the accident compensation for the damages caused by the occupational accident

Supreme Court en banc Decision 2003Da2802 Decided March 17, 2005 see Supreme Court en banc Decision 2003Da2802 Decided the insurer's liability for damages. Meanwhile, the clause of the automobile comprehensive insurance clause provides the insurer's liability for damages based on the personal relationship and compensation relationship between the insured and the victim who is liable for damages, in case where multiple insured workers who are liable for damages due to a single insurance accident exist.