[Plaintiff, Appellant] Korea Workers' Compensation & Welfare Service (Attorney Na Bong-su, Counsel for the plaintiff)
[Defendant, Appellee] Defendant 1 and 1 other
[Intervenor for Defendant] Dongbu Fire & Marine Insurance Co., Ltd. (Attorney Kang Seok-bo, Counsel for the intervenor)
[Judgment Below] Gwangju High Court Decision (Jeju Branch) 2002Na788 dated January 30, 2003
[Order]
The part of the judgment below concerning the Plaintiff's loss against Defendant Seogwipo City is reversed, and this part of the case is remanded to the Gwangju High Court. The appeal against Defendant 1 is dismissed. The costs of appeal for the dismissed portion shall be borne by the Plaintiff.
[Reasoning]
1. Summary of the Judgment Below
The court below found the following facts: Defendant 1, as a Grade 10 local technical service public official belonging to Defendant Seogwipo City (hereinafter "Defendant City"), was driving the garbage collection vehicle at issue in this case (hereinafter "the instant cleaning vehicle"), owned by Defendant City, at the Waste and Environment Business Office under Defendant City, performing garbage collection and disposal work, and was supervising the daily-wage sanitation workers assigned to the instant cleaning vehicle; Defendant City, as an employer subject to the so-called voluntary application business under the Industrial Accident Compensation Insurance Act (hereinafter the "Act"), joined industrial accident compensation insurance (hereinafter "industrial accident insurance") with the Plaintiff pursuant to Article 7(2) of the Act, designating as its regular employees the 98 daily-wage sanitation workers belonging to the said business office; while Defendant 1 was driving the instant cleaning vehicle along a road with four sanitation workers, including the deceased non-party (hereinafter "the Deceased"), on board, the instant accident occurred due to Defendant 1's negligence in operation, whereby the Deceased, who was riding on the loading bed, fell onto the road surface and died; and the Plaintiff paid to the bereaved family of the Deceased, among others, a lump-sum survivor benefit of KRW 62,740,920, funeral expenses of KRW 5,791,470, and medical care benefits of KRW 819,590.
Based on these findings, the court below considered the Plaintiff's argument that, since the instant accident occurred due to Defendant 1's negligence, Defendant 1 is liable to compensate for the damages suffered by the Deceased and others, and that Defendant City, as the operator of the instant cleaning vehicle and as the employer of Defendant 1, is also jointly liable for the tort, such that the Plaintiff, having paid the insurance benefits, acquired by subrogation, pursuant to Article 54(1) of the Act, the right to claim damages that the Deceased's bereaved family holds against the Defendants to the extent of the amount of such benefits, and that the Defendants are therefore each obligated to respond to the Plaintiff's claim for reimbursement by paying damages corresponding to Defendant 1's share of liability. The court below, taking into account the circumstances set forth in its reasoning, held that it was reasonable to view the employer who is the insured party and its affiliated employees, as persons who have a direct or indirect industrial accident insurance relationship with the injured worker, as being excluded from the "third party" under Article 54(1) of the Act. Accordingly, the court below determined that not only Defendant City, which joined industrial accident insurance designating the sanitation workers belonging to Defendant City, including the Deceased, as regular employees, but also Defendant 1, a fellow employee performing sanitation work together with the Deceased, do not constitute "third parties" against whom the right of reimbursement may be exercised.
2. Determination on the Grounds of Appeal
A. The main text of Article 54(1) of the Act provides that "where the Plaintiff Service has paid insurance benefits for an accident caused by the act of a third party, it shall be subrogated, to the extent of the amount of such benefits, to the right to claim damages against the third party held by the person who received the benefits." Here, "third party" refers to a person, other than the insurer, the insured party (employer), and the relevant beneficiary, who has no industrial accident insurance relationship with the injured worker and who is liable to the injured worker for damages under tort liability or pursuant to the provisions of the Automobile Liability Guarantee Act (자동차손해배상보장법), the Civil Act (민법), or the State Compensation Act (국가배상법) (see, e.g., Supreme Court Decision 85Daka2285 dated March 8, 1988).
B. As to the Grounds of Appeal Concerning Defendant 1
According to the facts found by the court below, although Defendant 1 worked together with the Deceased at Defendant City's Waste and Environment Business Office, and although Defendant 1, as a public official subject to the Public Officials Pension Act (공무원연금법), has no industrial accident insurance relationship with Defendant City, in order for Defendant 1 to constitute a "third party" under the main text of Article 54(1) of the Act who bears a duty of reimbursement to the Plaintiff, it must be premised that Defendant 1 is directly liable to the Deceased for damages.
(1) Interpreting the main text and proviso of Article 29(1) of the Constitution (헌법) and Article 2 of the State Compensation Act (국가배상법) in harmony with their legislative purpose, where a public official causes damage to another person through a tortious act in the course of performing official duties, the State or local government bears liability for state compensation, and in addition, the public official personally bears liability for damages arising from the tort where the official acted with intent or gross negligence; however, where the public official was merely slightly negligent, the public official personally does not bear liability for damages arising from the tort (see, e.g., Supreme Court en banc Decision 95Da38677 dated February 15, 1996). Here, "gross negligence" of a public official means a state of conspicuous lack of care, nearly amounting to intent, such that the official failed to exercise even the degree of care ordinarily required, and yet could easily have foreseen the unlawful and harmful result had he exercised even a modicum of care, but negligently overlooked this (see, e.g., Supreme Court Decision 96Da19833 dated August 23, 1996).
According to the facts found by the court below, Defendant 1, while carrying out garbage collection work in the Donghong-dong and Cheonji-dong areas of Seogwipo City with four sanitation workers, including the Deceased, on board the instant cleaning vehicle, passed along the road in front of Cheongpodo Restaurant in Seogwi-dong, Seogwipo City, heading from the direction of the former Jungang Police Substation toward Halla Stone Materials. That location was originally a residential back-alley road with a width of 8.5m, on which only one-way traffic was permitted, with vehicles belonging to nearby merchants and residents parked in a row along the right side of the road, such that the passable width of the road was reduced to approximately 4.25m, and at a height of approximately 4m above, a wire of 5mm thickness ran across from a utility pole on the left side of the road to the vicinity of Yujeong Restaurant on the right side. Nevertheless, Defendant 1, while driving the instant cleaning vehicle along the said road at a speed of approximately 7-8km/h, notwithstanding the danger that several wires installed lower than in other areas in the vicinity overhead posed a risk of a person's body coming into contact with the wires if standing atop the loading bed of the instant cleaning vehicle, left the Deceased, who had climbed onto the pile of garbage at the front of the uncovered loading bed for the convenience of work, in that position without taking any measures, at a time when the garbage collection work was nearly complete and the loading bed was filled with approximately 3 tons of garbage, and operated the instant cleaning vehicle in that state. As a result, the Deceased, who failed to notice the wire in the late-night darkness, was caught across the chest by the wire and fell off the road surface behind the instant cleaning vehicle, sustaining a concussion, a compression fracture of the third lumbar vertebra, and other injuries in the instant accident. Due to the instant accident, the Deceased was transported to the nearby Seogwipo Medical Center for treatment, but died of cardiac shock at approximately 07:15 on the same day. In light of these circumstances, the instant accident is a case in which Defendant 1, a public official belonging to Defendant City, caused damage to the Deceased through a tortious act in the course of performing official duties, and it is difficult to find that Defendant 1 acted with intent or gross negligence with respect to the instant accident. Accordingly, the Deceased cannot hold Defendant 1 personally liable for damages arising from the tort.
(2) Meanwhile, "a person who operates a motor vehicle for his own benefit" under Article 3 of the Automobile Liability Guarantee Act (자동차손해배상보장법) refers to a person who is in the position of a responsible entity controlling the operation of the motor vehicle and enjoying the benefits thereof. Where a public official operates a public vehicle owned by a local government in order to perform his official duties, the control over the operation of the vehicle and the benefits of its operation belong to the local government to which the official belongs, and the public official himself may not be regarded as personally holding control over the operation of the vehicle or the benefits thereof. Accordingly, the public official cannot bear liability for damages under the same statutory provision as a person operating the motor vehicle for his own benefit. According to the facts found by the court below, the vehicle involved in the instant accident is owned by Defendant City, and Defendant City, as the person operating the motor vehicle for its own benefit, bears liability for damages to the Deceased, while Defendant 1 does not bear liability for damages to the Deceased even under the Automobile Liability Guarantee Act.
(3) Accordingly, since Defendant 1 is not a person directly liable to the Deceased for damages, he cannot be deemed to constitute a "third party" under the main text of Article 54(1) of the Act who owes a duty of reimbursement to the Plaintiff. Although the reasoning of the court below on this point is not appropriate, its rejection of the Plaintiff's exercise of the right of reimbursement against Defendant 1 is, as a result, justified, and there is no error of misapprehension of the legal principles concerning "third party" under Article 54(1) of the Act.
C. As to the Grounds of Appeal Concerning Defendant City
Where a public official belonging to a local government, who is subject to the Public Officials Pension Act (공무원연금법), while operating a motor vehicle owned by the local government in the course of performing his official duties, negligently causes an occupational accident to a daily-wage sanitation worker at a Waste and Environment Business Office under the same local government, which is a place of business subject to voluntary application of industrial accident insurance, the local government concerned, even though it is an insured party under industrial accident insurance as the employer in relation to the injured worker, is not an insured party under industrial accident insurance in relation to the offending public official. In such a case, the industrial accident insurance that the local government concerned joined for the benefit of the injured worker cannot be deemed to have the character of liability insurance even with respect to the local government's civil liability for damages under the State Compensation Act (국가배상법) or the Automobile Liability Guarantee Act (자동차손해배상보장법) arising from the tortious act of the offending public official in the course of performing his official duties. Accordingly, the local government concerned, while being an insured party in relation to the industrial accident insurer that paid industrial accident insurance benefits to the injured worker, must also be deemed to constitute a "third party" under the main text of Article 54(1) of the Act. This conclusion is not altered by the fact that the offending public official is a public official working at the same place of business as the injured worker.
According to the facts found by the court below, Defendant 1, the offending party in the instant accident, is a public official belonging to Defendant City who is subject to the Public Officials Pension Act, and while operating the instant cleaning vehicle owned by Defendant City in the course of performing his official duties, negligently caused an occupational accident to the Deceased, a daily-wage sanitation worker at the Waste and Environment Business Office under Defendant City, which is a place of business subject to voluntary application of industrial accident insurance. In this case, while Defendant City is clearly an insured party under industrial accident insurance as the employer in relation to the Deceased, it is equally clear that Defendant City is not an insured party under industrial accident insurance in relation to Defendant 1. Furthermore, the industrial accident insurance that Defendant City joined for the benefit of the daily-wage sanitation workers of the Waste and Environment Business Office cannot be deemed to cover Defendant City's civil liability for damages under the State Compensation Act or the Automobile Liability Guarantee Act arising from Defendant 1's tortious act in the course of performing his official duties. Accordingly, Defendant City, while being an insured party in relation to the Plaintiff, the industrial accident insurer, also constitutes a "third party" under the main text of Article 54(1) of the Act and thus becomes the counterparty against whom the right of reimbursement may be exercised.
Nevertheless, the court below, citing the circumstances set forth in its reasoning, determined that Defendant City, which joined industrial accident insurance designating the sanitation workers belonging to Defendant City, including the Deceased, as regular employees, does not constitute a "third party" under Article 54(1) of the Act against whom the right of reimbursement may be exercised. This determination contains an error of misapprehension of the legal principles concerning the scope of "third party" under Article 54(1) of the Act, which affected the judgment.
3. Conclusion
Accordingly, the part of the judgment below concerning the Plaintiff's loss against Defendant City is reversed, and this part of the case is remanded to the court below for further hearing and determination, and the appeal against Defendant 1 is dismissed. This judgment is rendered as set forth in the Order by the unanimous opinion of the participating Justices.
Supreme Court Justices Bae Ki-won (Presiding Justice), Yu Ji-dam, Lee Kang-guk, Kim Yong-dam (Justice in charge)