산업재해보상보험법상의 구상권 행사법리

Abstract

In this paper I have reviewed the right to indemnity of the Industrial Accident Compensation Insurance Act and its related legal matters. The right to indemnity of the Industrial Accident Compensation Insurance Act is based on the idea that any unfair double reimbursement of damage or unfair exemption of the liable person responsible for the industrial accident, should be avoided. It should be noted, however, that one more important goal the Industrial Accident compensation Insurance Act should pursue is that the Act should protect the proper level of life of the injured laborer. Accordingly, a careful balancing of the two different basic ideas of the Act is required. In this regard, the scope of the liable third party should be properly limited or expanded case by case. For example, persons in special types of employment especially independent contract workers of precarious employment relationship are frequently categorized as those who are not laborers, and therefore in many cases easily interpreted as a liable third party by the court. However, their real working conditions are much more of the laborers employed by the employer of the injured laborer in many cases. On the other hand, injuries caused by any intentional attack of colleague laborers are usually regarded as those occurred during the normal course of work of a workplace. As the result, those intentional colleagues are exempted from their liabilities in many cases. My opinion is that the above two cases should be reversed. In addition to that, a proper adjustment of the amount of the compensation indemnity is required, given that the Act does not fully cover the real damage reimbursement for the injured laborer. I have also reviewed other related legal matters like the waiver of the damage reimbursement right of the injured laborer against the liable third party and the prescription period of the indemnity right.