[Plaintiff, Appellee] Korea Trucking Association (Counsel for the plaintiff: Law Firm Namgang, Attorney Kim Jae-yong)
[Intervenor for the Plaintiff] Intervenor for the Plaintiff (Counsel: Attorney Jeong Seung-eon)
[Defendant, Appellant] DB Insurance Co., Ltd. (formerly Dongbu Fire & Marine Insurance Co., Ltd.) (Counsel for the defendant: Law Firm Somyung, Attorney Shin Su-kyung and 10 others)
[Judgment Below] Seoul Central District Court Decision 2017Na45614, decided May 10, 2018
[Order]
Of the part of the judgment below in which the defendant lost, the part other than the claim for reimbursement of litigation costs is reversed, and this part of the case is remanded to a panel division of the Seoul Central District Court. The remainder of the appeal is dismissed.
[Reasoning] The grounds of appeal are examined.
1. The judgment below
A. The court below found the following facts.
(1) The plaintiff is a mutual aid business operator that entered into an automobile mutual aid contract with Hangil Transportation Co., Ltd. with respect to the cargo truck (vehicle number 1 omitted) (hereinafter "the cargo truck in this case"). The defendant is an automobile insurance company that entered into a comprehensive automobile insurance contract (hereinafter "the insurance contract in this case") with the Intervenor for the Plaintiff (hereinafter "the Intervenor") with respect to the Matiz van passenger vehicle (vehicle number 2 omitted) (hereinafter "the passenger vehicle in this case"), covering bodily injury liability coverage I and II and property damage liability coverage. The insurance policy terms of the insurance contract in this case contain a provision stating as follows as a ground for exemption from liability under bodily injury liability coverage II (hereinafter "the exemption clause in this case"): "A person who is an employee of an insured party bearing liability for compensation and who is entitled to receive disaster compensation under the Industrial Accident Compensation Insurance Act (hereinafter "the Industrial Accident Insurance Act"); provided, however, that if the loss suffered by such person exceeds the scope of compensation under the said Act, the excess loss shall be compensated."
(2) On October 26, 2011, at approximately 02:30, Nonparty 1, while driving the cargo truck in this case, collided with the passenger vehicle in this case being driven by Nonparty 2, thereby causing Nonparty 3, who was riding in the passenger vehicle in this case, to sustain injuries (hereinafter "the accident in this case").
(3) After compensating for the property damage arising from the accident in this case, the defendant requested a review by the Reimbursement Dispute Review Committee against the plaintiff, and the said Committee determined the ratio of fault for the accident in this case to be 55% on the plaintiff's side and 45% on the defendant's side.
(4) Pursuant to the judgment in the damages action (Seoul Central District Court Case No. 2013Gadan245088) brought by Nonparty 3 and others, who were victims of the accident in this case, the plaintiff, from February 28, 2012 to March 5, 2015, expended a total of 432,844,190 won for Nonparty 3's medical treatment costs, damages, and litigation costs of the above lawsuit.
(5) Both Nonparty 2 and Nonparty 3 were persons employed by the Intervenor and were involved in the accident in this case while traveling together to and from a business client. Although the accident in this case was an industrial accident for which insurance benefits could be received under the Industrial Accident Insurance Act, Nonparty 3 did not file a claim with the Korea Workers' Compensation and Welfare Service for disaster compensation arising from the accident in this case.
B. Based on the above factual findings, the court below determined that the accident in this case constituted a joint tort arising from the concurrence of the negligence of Nonparty 1 and the negligence of Nonparty 2, that the plaintiff, as the mutual aid business operator with respect to the operation of the cargo truck in this case by Nonparty 1, one of the joint tortfeasors, expended the aforementioned damages, etc. to the victim, Nonparty 3, and that as a result the defendant, the insurer of the other joint tortfeasor, was jointly released from liability, and therefore the plaintiff may seek reimbursement from the defendant for its portion of the burden according to the liability ratio. Furthermore, the court below rejected most of the defendant's defense that, since the accident in this case was an industrial accident, the exemption clause in this case should apply, and accordingly, from the insurance money for bodily injury liability coverage II under the insurance contract in this case, which the plaintiff sought as reimbursement in this case, the amount equivalent to the industrial accident insurance benefits that Nonparty 3 could have received should be deducted, for the following reasons: this was because the court below found that Nonparty 3, the victim of the accident in this case, did not fall under "a person who is an employee of an insured party bearing liability for compensation and who is entitled to receive disaster compensation under the Industrial Accident Insurance Act" as provided in the exemption clause in this case. That is, with respect to the accident in this case, which was an industrial accident, Nonparty 3 received from the plaintiff medical treatment costs equivalent to medical care benefits under the Industrial Accident Insurance Act, and amounts of lost income equivalent to temporary disability benefits and disability benefits under the same Act, respectively. However, the main text of Article 80(3) of the Industrial Accident Insurance Act provides that "if a person entitled to benefits receives money or goods equivalent to insurance benefits under this Act pursuant to the Civil Act or other statutes for the same cause, the Service shall not pay insurance benefits under this Act to the extent of the amount converted by the method prescribed by Presidential Decree from the money or goods so received." Accordingly, since the Korea Workers' Compensation and Welfare Service can no longer pay, as insurance benefits, the amount equivalent to the medical care benefits corresponding to the aforementioned medical treatment costs already paid by the plaintiff to Nonparty 3, and the amounts equivalent to the temporary disability benefits and disability benefits among the aforementioned amounts of lost income, the amounts equivalent to each of the above insurance benefits cannot be deducted from the insurance money that the defendant must pay.
2. However, the above determination of the court below is difficult to accept for the following reasons.
A. The purpose of providing the exemption clause in this case under bodily injury liability coverage II of the comprehensive automobile insurance policy terms is as follows: with respect to losses arising from industrial accidents occurring in the employer-employee relationship between an employer and an employee, the Labor Standards Act (근로기준법), which governs the employer-employee relationship, provides for various compensation liabilities of the employer, while the Industrial Accident Insurance Act establishes an industrial accident insurance system to secure such compensation liabilities. Accordingly, the purpose is to ensure that losses of an injured employee arising from an automobile accident occurring in the course of work, which is subject to industrial accident insurance, are also compensated by industrial accident insurance, and to exclude such losses, to the extent that compensation is possible through industrial accident insurance, from the scope of bodily injury coverage of automobile insurance, which is intended to cover liability for compensation to third parties (see Supreme Court en banc Decision 2003Da2802, decided March 17, 2005). Therefore, where an automobile insurance accident also constitutes an industrial accident such that the victim is "a person entitled to receive disaster compensation under the Industrial Accident Insurance Act," that is, where there is a portion of the loss to be compensated by the insurer under the automobile insurance contract that can be compensated by industrial accident insurance benefits, the insurer is, in the absence of special circumstances, exempted from liability for compensation pursuant to the exemption clause in this case (see Supreme Court Decision 2002Da4429, decided September 4, 2002), and the insurer is liable to compensate for the excess portion pursuant to the proviso of the exemption clause in this case only where the victim's loss exceeds the portion compensated by industrial accident insurance benefits. Moreover, whether the victim falls under "a person entitled to receive disaster compensation under the Industrial Accident Insurance Act," which is a requirement for the application of the exemption clause in this case, should in principle be determined as of the time the automobile insurance accident occurred, and whether the victim actually received industrial accident insurance benefits thereafter, or whether a decision to pay such benefits was made, is not a matter to be considered in determining whether the above requirement for application is satisfied. Meanwhile, since the main text of Article 80(3) of the Industrial Accident Insurance Act governs only "a case where a person entitled to benefits receives money or goods in fulfillment of the compensation or indemnification liability of the employer who is the insured" (see Supreme Court Decision 2014Du11571, decided January 15, 2015), even where an automobile insurance accident also constitutes an industrial accident, the fact that the victim received damages equivalent to industrial accident insurance benefits from a third party cannot be used, on the basis of the above provision, to hold that the victim is not "a person entitled to receive disaster compensation under the Industrial Accident Insurance Act" as provided in the exemption clause in this case.
B. However, even according to the findings of the court below, it is clear that the accident in this case constitutes an insured accident under the insurance contract in this case, that is, an automobile insurance accident, and at the same time constitutes an industrial accident. Therefore, Nonparty 3, the victim of the accident in this case, falls under "a person entitled to receive disaster compensation under the Industrial Accident Insurance Act" as provided in the exemption clause in this case. Accordingly, the defendant, the insurer of the passenger vehicle in this case, is in principle exempted from liability pursuant to the exemption clause in this case, and only if Nonparty 3 suffered a loss from the accident in this case exceeding the portion to be compensated under the Industrial Accident Insurance Act does the defendant have an obligation to pay insurance money under bodily injury liability coverage II as provided in the insurance contract in this case, and only with respect to that excess portion. This holds true even if Nonparty 3 received, after the accident in this case, damages equivalent to industrial accident insurance benefits from the plaintiff, the mutual aid business operator of the other joint tortfeasor, in connection with the accident in this case.
C. Accordingly, the court below should have exempted the defendant from liability pursuant to the exemption clause in this case if each of the actual losses sustained by Nonparty 3 as a result of the accident in this case did not exceed the respective insurance benefit amounts that Nonparty 3 could originally have received from the Korea Workers' Compensation and Welfare Service, and, if such losses exceeded the respective insurance benefit amounts, should have recognized the defendant's obligation to pay insurance money under bodily injury liability coverage II pursuant to the insurance contract in this case only with respect to the remaining excess portion after deducting each corresponding insurance benefit from each loss amount.
3. Nevertheless, the court below, contrary to the foregoing, premised its determination on the sole ground that, because Nonparty 3 received compensation for losses equivalent to industrial accident insurance benefits from the plaintiff, a third party, after the accident in this case, the Korea Workers' Compensation and Welfare Service became unable to pay Nonparty 3 the industrial accident insurance benefits corresponding to such losses, and thus held that Nonparty 3 was not "a person entitled to receive disaster compensation under the Industrial Accident Insurance Act" as provided in the exemption clause in this case, and accordingly determined that the amount of damages equivalent to the industrial accident insurance benefits that Nonparty 3 could have received could not be deducted from the insurance money that the defendant must pay. Such determination by the court below contains an error that affected the judgment, in that the court below misunderstood the legal principles regarding the interpretation of the exemption clause in this case and failed to conduct the necessary examination.
4. Meanwhile, the defendant also appealed with respect to the part of the losing portion of the judgment below concerning the claim for reimbursement of litigation costs; however, no grounds are stated in the notice of appeal, and no grounds for objection to this part can be found in the appellate brief either.
5. Therefore, of the part of the judgment below in which the defendant lost, the part other than the claim for reimbursement of litigation costs is reversed, and this part of the case is remanded to the court below for further examination and determination, and the remainder of the appeal is dismissed. This judgment is rendered as stated in the Order, with the unanimous consent of the participating Justices.
Justice Kwon Soon-il (Presiding Justice), Justice Lee Ki-taek, Justice Park Jung-hwa (Justice in charge), Justice Kim Sun-su