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| TITLE | Supreme Court en banc Decision 2021Da241618 Decided March 24, 2022 【Claim Amounts】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 The scope, within which the Korea Workers’ Compensation & Welfare Service (hereinafter “the Service”) may subrogate the rights of an aggrieved employee to exercise a claim for damages against a third person in accordance with Article 87(1) of the Industrial Accident Compensation Insurance Act after the Service paid insurance benefits to the aggrieved employee (including beneficiaries to insurance benefits such as survivors, etc.) on the grounds of a third person’s unlawful act (held: the amount corresponding to the ratio, for which the third person shall be liable, of insurance benefits) Where the aggrieved employee’s negligence competes with the occurrence of such damages when the aggrieved employee, who has received insurance benefits pursuant to the Industrial Accident Compensation Insurance Act, claims for damages against a third person, the method of calculating the amount of damages that may be claimed by the aggrieved employee (held: assessment of contributory negligence after deducting insurance benefits from the amount of damages, which has the same nature as insurance benefits) Where an industrial accident was caused by an unlawful act jointly committed by an employer and a third person, and the occurrence of such damages competes with an aggrieved employee’s negligence, the scope, within which the Service may subrogate the rights of the aggrieved employee to exercise a claim for damages against the third person (held: the amount calculated by first deducting the amount equivalent to the ratio of the aggrieved employee’s negligence from insurance benefits and re-deducting the amount equivalent to the ratio of the employer’s negligence, of the amount of damages for which the aggrieved employee may receive compensation from the amount deducted) Where an aggrieved person received insurance benefits after receiving compensation for damages caused by an employer or a third person, the scope of the amount that the Service may collect from the aggrieved employee as unjust enrichment in accordance with Article 84 of the Industrial Accident Compensation Insurance Act (held: the amount corresponding to the ratio, for which the employer or the third person shall be liable, of insurance benefits) | |
