The appeal is dismissed.

Costs of lawsuit shall be borne by the defendant.

The grounds of appeal are examined.

1. Article 112(1)1 of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”) provides that, if the right to receive insurance benefits under the Industrial Accident Compensation Insurance Act is not exercised for three years, it shall be extinguished by the extinctive prescription. Article 113 of the Industrial Accident Compensation Insurance Act provides that the extinctive prescription under Article 112 shall be interrupted by a beneficiary’s claim for insurance benefits under Article 36(2). The legislative purport of the legislative purport is to ensure the legal relationship relating to industrial accident compensation insurance as soon as possible, not to neglect the protection of the affected workers who claim their rights in accordance with the method prescribed in the Industrial

In addition, even if a person is eligible to receive insurance benefits because he/she falls under the requirements for the payment of insurance benefits provided by the Industrial Accident Insurance Act, it is not a specific right to receive benefits, but a specific right to receive benefits arises only when the Korea Workers' Compensation and Welfare Service makes a decision on the insurance benefits upon

(See Supreme Court Decision 2005Du12091 Decided February 1, 2008). In this respect, a claim for insurance benefits under Article 36(2) of the Industrial Accident Insurance Act can be seen as an expression of intent under public law, seeking a decision on the payment of insurance benefits against the Defendant, who is an administrative agency, and its legal nature differs from that under the Civil Act.

In full view of the language and purport of the relevant provision, the legislative purport thereof, and the nature of the claim for insurance benefits under the Industrial Accident Insurance Act, Article 113 of the Industrial Accident Insurance Act can be deemed as providing for an insurance benefit claim under Article 36(2) as separate grounds for interruption of prescription under the Civil Act

Therefore, regarding the claim for insurance benefits under the Industrial Accident Insurance Act on the ground that Article 112(2) of the Industrial Accident Insurance Act provides that “The extinctive prescription under the Industrial Accident Insurance Act shall be governed by the Civil Act except as otherwise provided for in the Industrial Accident Insurance Act.”