[Plaintiff, Appellant] Plaintiff (Attorneys Kim Jeong-han and 2 others, Counsel for the plaintiff)
[Defendant, Appellee] ○○ Co., Ltd.
[Judgment Below] Seoul Central District Court Decision 2023Na20869 rendered on October 20, 2023
[Order]
The part of the judgment below concerning the plaintiff's loss, corresponding to the claim for damages equivalent to lost income in the amount of KRW 8,200,000 and the delay damages thereon, is reversed, and this part of the case is remanded to the Seoul Central District Court.
[Reasoning] The grounds of appeal are examined.
1. Overview of the case
According to the reasoning of the judgment below and the case record, the following facts may be known.
A. The Plaintiff is a worker employed by the Defendant, a construction company, and the Defendant is a business owner who enrolled the Plaintiff in industrial accident compensation insurance (hereinafter referred to as “industrial accident insurance”) pursuant to the Industrial Accident Compensation Insurance Act (산업재해보상보험법, hereinafter referred to as the “Industrial Accident Insurance Act”).
B. At around 10:00 on June 24, 2021, while the Plaintiff was cutting plywood with a grinder at the Defendant's construction site (name of construction omitted), the grinder blade bounced back and struck the Plaintiff's wrist, causing the Plaintiff to suffer multiple deep lacerations to the left forearm, among other injuries (hereinafter referred to as “the instant accident”).
C. The Korea Workers' Compensation and Welfare Service (hereinafter referred to as the “Service”), as a corporation entrusted with industrial accident insurance affairs by the Minister of Employment and Labor pursuant to the Industrial Accident Insurance Act, recognized the instant accident as an occupational injury and paid the Plaintiff disability benefits in the amount of KRW 54,202,500.
2. Judgment of the court below
The court below rendered the following judgment.
A. Although the risk of injury to workers is not insignificant given the nature of work using a grinder, the Defendant was at fault in failing to fulfill its duty of protection toward the Plaintiff, a worker, beyond merely providing cotton gloves.
B. The Defendant is liable to compensate the Plaintiff for damages arising from the instant accident; however, since the Plaintiff's own carelessness also contributed to the occurrence and expansion of the damages, the Defendant's liability is limited to 70%.
C. Where the Service pays insurance benefits to an injured worker due to a tortious act committed by a third party in which the injured worker's own negligence has combined, and the injured worker subsequently claims damages against the third party, the amount of the injured worker's damages claim is calculated by the “comparative negligence after deduction” method, whereby the insurance benefits are first deducted from the amount of damages of the same nature as the insurance benefits, and comparative negligence offsetting is then applied. However, in the instant case, since the insurance benefits were paid to the Plaintiff due to the tortious act of the Defendant, who is the industrial accident insurance policyholder, rather than a third party, the Plaintiff's claim for damages against the Defendant cannot be calculated using the "comparative negligence after deduction" method.
D. The Plaintiff's lost income after October 26, 2021, when the period of work suspension ended, amounts to KRW 67,295,086, and multiplying this by the Defendant's 70% fault ratio yields KRW 47,106,560; deducting from this the disability benefits of KRW 54,202,500 received from the Service leaves no remaining amount. Therefore, the Plaintiff's claim for lost income is without merit.
3. Judgment of the Supreme Court
A. Considering comprehensively the text and legislative purpose of Article 80(2) of the Industrial Accident Insurance Act, the purpose and social security nature of the industrial accident insurance system, and the balancing of interests among the injured worker (including bereaved family members and other beneficiaries of insurance benefits), the Service, and the tortfeasor, where an injured worker claims damages against an industrial accident insurance policyholder-employer on the ground of a joint tortious act committed by the policyholder-employer and a third party, and the injured worker's own negligence has combined in causing the damage, the portion of the insurance benefits paid by the Service to the injured worker corresponding to the injured worker's fault ratio is ultimately borne by the Service on behalf of the injured worker. Therefore, it cannot be said that the employer's liability for damages to the injured worker is naturally exempted to the extent of the entire amount of insurance benefits paid by the Service. Accordingly, the amount of the injured worker's damages claim must be calculated using the “comparative negligence after deduction” method, whereby the insurance benefits are first deducted from the amount of damages of the same nature as the insurance benefits, and comparative negligence offsetting is then applied (see Supreme Court en banc Decision 2021Da241618 rendered on March 24, 2022). Where a worker suffers an industrial accident due to the tortious act of an industrial accident insurance policyholder-employer without the intervention of a third party, and the injured worker's own negligence has combined in causing the damage, there is no difference in that the Service ultimately bears, on behalf of the injured worker, the portion of the insurance benefits corresponding to the injured worker's fault ratio. Therefore, in this case as well, the amount of the injured worker's damages claim must be calculated using the aforementioned “comparative negligence after deduction” method.
B. The reasoning of the judgment below is examined in light of the foregoing legal principles.
1) The instant accident occurred due to the combination of the tortious act arising from the Defendant's, an industrial accident insurance policyholder's, breach of its duty of protection and the negligence of the Plaintiff, the injured worker. The Service paid the Plaintiff disability benefits in the amount of KRW 54,202,500.
2) The amount of damages that the Plaintiff may claim against the Defendant with respect to lost income damages arising after the period of work suspension must be calculated using the “comparative negligence after deduction” method, whereby the disability benefits are first deducted from the total amount of lost income damages arising after the period of work suspension, and the Defendant's fault ratio is then multiplied against the remaining balance.
3) Nevertheless, the court below, on the sole ground that the insurance benefits were paid due to the tortious act of the employer rather than a third party, applied the “deduction after comparative negligence” method and rejected the Plaintiff's claim for lost income. The judgment below erred by misunderstanding the legal principles concerning the method of calculating an injured worker's damages claim, thereby rendering “a judgment contrary to Supreme Court precedent” as provided in Article 3, Subparagraph 2 of the Act on Special Cases Concerning Trials of Small Claims (소액사건심판법).
4. Scope of reversal
According to the record, the Plaintiff's claim for damages includes a claim for the amount equivalent to lost income of KRW 11,735,246 and delay damages thereon; the first instance court dismissed this portion of the claim in its entirety; upon appeal, the Plaintiff limited the scope of the appeal to KRW 8,200,000 of the portion in which the Plaintiff lost at the first instance regarding this claim, and the delay damages thereon, such that only this portion became the subject of adjudication in the appellate court; the court below dismissed the Plaintiff's appeal; and the Plaintiff appealed to this Court against the portion of the judgment below in which the Plaintiff lost.
Accordingly, the portion of the claim for damages equivalent to lost income that has become the subject of adjudication in this appeal is limited to KRW 8,200,000 and the delay damages thereon, and the scope of reversal is likewise limited to this portion.
5. Conclusion
The part of the judgment below concerning the Plaintiff's loss, corresponding to the claim for damages equivalent to lost income in the amount of KRW 8,200,000 and the delay damages thereon, is reversed, and this part of the case is remanded to the court below for further hearing and determination. This judgment is rendered as set forth in the Order by the unanimous opinion of the participating Justices.
Justice Lee Suk-yeon (Presiding Justice), Lee Heung-gu, Oh Seok-jun (Justice in charge), Noh Kyung-pil