Even if the employer received compensation for survivors from the employer under the provisions of the Labor Standards Act without any civil or criminal objection, it cannot be deemed that the employer renounced the claim for compensation for damages caused by illegal acts of the same employee.

In accordance with the provisions of this Act, even if a person receives compensation for death from the owner of an employee on duty without any civil or criminal objection, it cannot be viewed as a waiver of the right to claim compensation for damages against the owner of an employee's illegal act.

Article 82 of the Labor Standards Act, Article 756 of the Civil Act

Plaintiff 1 and two others

Seoul Metropolitan Government

Seoul High Court Decision 70Na1011 delivered on April 14, 1971, Seoul High Court Decision 70Na1011 delivered on April 14, 1971

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The defendant's attorney's grounds of appeal are examined.

According to the judgment of the court below, as the deceased died of the non-party of the deceased as a result of his negligence in the performance of duties by the defendant's public official belonging to the defendant's cleaning station, the deceased's bereaved family member who died of the deceased's death while on duty as a cleaning room under the defendant's cleaning station, the compensation for survivors' compensation for 430,000 of average wages under Article 82 of the Labor Standards Act as well as 38,70,000 funeral expenses for 90 days average wages under Article 83 of the Labor Standards Act as well as 468,70,00 won as average wages under Article 83 of the Labor Standards Act was received from the defendant who is the user of the deceased's death, and the plaintiff 1 received the compensation for the deceased's death without being bound to receive the above compensation for the deceased's death without being bound to receive the compensation for damages under the civil law, and it is not justified in the judgment of the court below without merit.

Therefore, the appeal is dismissed and the costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices of the Supreme Court (Presiding Judge) Park Jae-dong (Presiding Judge)