[Plaintiff, Appellee]
[Defendant, Appellant] Korea Workers' Compensation & Welfare Service
[Judgment Below] Daejeon High Court Decision 2003Nu1545 decided August 25, 2005
[Order]
The appeal is dismissed. The costs of appeal are to be borne by the Defendant.
[Reasoning]
The grounds of appeal are examined.
Considering together Articles 14(3), 38(2), 50, 51, and 88 of the former Industrial Accident Compensation Insurance Act (Act No. 8373, before the full amendment of April 11, 2007; hereinafter the "Industrial Accident Insurance Act"), even a person who satisfies the requirements for payment of insurance benefits prescribed by the Industrial Accident Insurance Act and is thus entitled to receive insurance benefits, i.e., a so-called beneficiary, does not acquire a concrete benefit claim merely by satisfying such requirements; rather, a concrete benefit claim arises only when the Korea Workers' Compensation & Welfare Service ("the Service") makes a decision on the insurance benefits pursuant to the beneficiary's claim for insurance benefits. Since the Service's decision on insurance benefits is thus a disposition that forms and determines the existence and scope of the concrete benefit claim, when the Service, pursuant to Article 48(3) of the Industrial Accident Insurance Act, deducts from the calculated insurance benefits "money or goods equivalent to the insurance benefits under the Industrial Accident Insurance Act that the beneficiary has received for the same cause under the Civil Act (민법) or other statutes" and thereby makes a decision on insurance benefits, the existence and scope of the concrete benefit claim must likewise be determined in that process. In order to make such a determination, even where the beneficiary has received money or goods for the same cause as the occupational accident under the Civil Act or other statutes, it must be clearly established, in a definite state, not only whether such money or goods are of a kind that may be deducted from the industrial accident insurance benefits, but also the scope of the amount that may be deducted.
According to the record, the following facts are established: Nonparty 1, an employee of the insured under the comprehensive automobile insurance for business use (hereinafter "the instant automobile insurance") issued by Samsung Fire & Marine Insurance Co., Ltd. (hereinafter "Samsung Fire") covering the vehicle involved in this case, died as a result of a traffic accident occurring in the course of business operations involving the said vehicle. Under the terms of the instant automobile insurance policy, Bodily Injury Liability Coverage II ("대인배상 II"), which covers amounts exceeding the coverage limit of Bodily Injury Liability Coverage I ("대인배상 I," corresponding to the compulsory liability insurance amount under the Automobile Compensation for Accident Damage Act (자동차손해배상보장법)), contains an exemption clause (hereinafter "the instant exemption clause") providing that "no compensation shall be paid with respect to an employee of the insured who is liable for damages, if such employee is eligible to receive compensation for injury under the Industrial Accident Insurance Act." The Plaintiffs, who are the parents of Nonparty 1, filed a claim for damages against Samsung Fire and obtained a first-instance judgment with a declaration of provisional execution awarding damages totaling KRW 175,915,135, including lost earnings of KRW 131,915,135 and funeral expenses of KRW 2,000,000; pursuant to the provisional execution based on that judgment, the Plaintiffs provisionally received KRW 60,000,000 out of the awarded amount, which corresponds to the limit of the compulsory liability insurance amount under Bodily Injury Liability Coverage I. Thereafter, upon the Plaintiffs' claim for industrial accident insurance benefits on the ground of the said occupational accident, the Defendant calculated the insurance benefits payable to the Plaintiffs under the Industrial Accident Insurance Act as a lump-sum survivors' compensation of KRW 47,450,000 and funeral expenses of KRW 5,638,130 (hereinafter "the instant industrial accident insurance benefits"), and then, pursuant to Article 48(3) of the Industrial Accident Insurance Act, deducted from the instant industrial accident insurance benefits the amount converted, in accordance with the Enforcement Decree of the Industrial Accident Insurance Act, from the above provisionally paid amount, and made a decision on insurance benefits (hereinafter "the instant disposition") to pay KRW 3,978,500 as lump-sum survivors' compensation and KRW 3,638,130 as funeral expenses. It is also established that, as of the close of argument in the court below, the said damages claim lawsuit was pending on appeal, in which the existence and scope of the liability for damages under Bodily Injury Liability Coverage II were being disputed in connection with, among other things, the validity of the instant exemption clause.
Meanwhile, the purpose of the instant exemption clause under Bodily Injury Liability Coverage II of the instant automobile insurance policy is properly construed as follows: with respect to damages arising from an occupational accident occurring in the labor relationship between an employer and an employee, the Labor Standards Act (근로기준법), which governs labor relations, prescribes various compensation liabilities of the employer, and the industrial accident insurance system is established under the Industrial Accident Insurance Act to secure such compensation liabilities; accordingly, with respect to damages suffered by an employee injured in a work-related automobile accident that is subject to industrial accident insurance, such damages are to be compensated through industrial accident insurance, and to the extent that compensation is possible through industrial accident insurance, such damages are intended to be excluded from the scope of Bodily Injury Liability Coverage under automobile insurance, whose purpose is to cover liability for damages owed to third parties (see Supreme Court en banc Decision 2003Da2802 decided March 17, 2005).
According to this construction, if there is a portion of the damages to be compensated by Samsung Fire under Bodily Injury Liability Coverage II that can be covered by the instant industrial accident insurance benefits, then, absent special circumstances, that portion is to be exempted from Samsung Fire's liability for damages pursuant to the instant exemption clause and is instead to be covered by the Defendant's industrial accident insurance benefits. However, if it were permissible, pursuant to Article 48(3) of the Industrial Accident Insurance Act, to deduct from the Defendant's industrial accident insurance benefits—which thus cover the damages under Bodily Injury Liability Coverage II—the insurance money paid by Samsung Fire as damages under Bodily Injury Liability Coverage I, then the portion of damages so deducted, despite being excluded from Samsung Fire's liability under Bodily Injury Liability Coverage II pursuant to the instant exemption clause, would also be excluded from the Defendant's industrial accident insurance benefits, thereby creating a gap in the compensation for damages to that extent. Therefore, such a deduction produces a clearly unjust result for the Plaintiffs and cannot be permitted.
In light of the foregoing legal principles and factual findings, at the time of the instant disposition, the existence and scope of the damages under Bodily Injury Liability Coverage II exceeding the instant industrial accident insurance benefits were being disputed in the said damages claim lawsuit; if the final and conclusive judgment in that lawsuit recognizes all or part of such damages under Bodily Injury Liability Coverage II, then, to the extent that such damages can be covered by the instant industrial accident insurance benefits, Samsung Fire's liability for damages would be exempted accordingly. Accordingly, it would not be permissible, pursuant to Article 48(3) of the Industrial Accident Insurance Act, to deduct the above provisionally paid amount (paid as damages under Bodily Injury Liability Coverage I) from the portion of the industrial accident insurance benefits that covers the damages under Bodily Injury Liability Coverage II; such a deduction would be permissible only with respect to the portion of the industrial accident insurance benefits remaining after covering the damages under Bodily Injury Liability Coverage II, if any.
As such, whether the above provisionally paid amount may be deducted from the instant industrial accident insurance benefits, and the scope of the amount that may be deducted, could only be determined after awaiting the final and conclusive judgment in the said lawsuit and ascertaining the amount of damages under Bodily Injury Liability Coverage II recognized therein; consequently, at the time of the instant disposition, this matter was in a state incapable of clear determination. Nevertheless, the Defendant determined the existence and scope of the concrete benefit claim arising for the Plaintiffs by deducting from the instant industrial accident insurance benefits the above provisionally paid amount, notwithstanding that the permissibility and scope of such deduction were unclear; therefore, the instant disposition is unlawful.
In the same vein, the court below's determination that the instant disposition was unlawful and its order revoking the disposition are justifiable and may be upheld, and there is no error of law, such as a misapprehension of the legal principles concerning the interpretation of Article 48(3) of the Industrial Accident Insurance Act, as alleged in the grounds of appeal.
Therefore, the appeal is dismissed, and the costs of appeal are to be borne by the losing party. This judgment is rendered as set forth in the Order by the unanimous opinion of the Justices participating in the decision.
Presiding Justice Park Il-hwan
Justice Park Si-hwan (Justice in charge)
Justice Kim Neung-hwan