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(영문) 부산고등법원(창원) 2017.07.19 2016누11424
치료종결결정처분취소
Text

1. In the judgment of the first instance, the part rejecting the application filed by the defendant's assistant intervenor shall be revoked, and the defendant;

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: (a) the part concerning Chapters 2, 17, and 4, and 8 of the judgment of the court of first instance, which judged the legitimacy of the application for intervention by the defendant's assistant intervenor; and (b) the part concerning Chapters 8, 6, and 8 of the judgment of the court of first instance, are as stated in the reasoning of the judgment of the court of first instance, except for deletion of the part concerning the 8, 6, and 8 of the judgment of the court of first instance; and (c) therefore, the same shall be cited pursuant

2. We examine whether the application for intervention by the Defendant Intervenor is legitimate or not, and whether the application for intervention by the Defendant Intervenor is legitimate or not.

In order to intervene in a lawsuit to assist one of the parties in a specific litigation case, there must be an interest in the result of the lawsuit in question. The term "interest" refers to a legal interest, not in fact, economic or emotional interest, and it refers to a case where the judgment of the lawsuit in question is subject to res judicata or executory power, or where the judgment is not directly effective, it refers to a case where the legal status of a person who intends to participate in a lawsuit is determined on the premise of the judgment.

(2) In light of the aforementioned legal principles, the Defendant Intervenor is obligated to pay additional benefits (such as ordinary wages) in accordance with the collective agreement and wage management regulations for the period during which the Plaintiff was unable to provide labor due to medical care, in addition to temporary disability compensation benefits prescribed by the Industrial Accident Compensation Act, in addition to the temporary disability compensation benefits prescribed by the Industrial Accident Compensation Act. In light of the aforementioned legal principles, the Defendant Intervenor is obliged to pay additional benefits in accordance with the collective agreement and wage management regulations for the period during which the Plaintiff was unable to provide labor due to medical care. As a result of the instant lawsuit, it is determined whether the Defendant Intervenor is obligated to pay benefits in accordance with the said collective agreement and wage management regulations for the Plaintiff.

Therefore, it is true.

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