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| TITLE | Supreme Court Decision 2017Da231119 Decided October 12, 2017【Indemnification】 [full Text] |
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| Summary | |
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[1] Whether the “amount of damage inflicted on the victim,” which is the amount payable by the liability insurer under Article 3(1)1 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act, encompasses positive injury, negative injury, and pain and suffering (affirmative) [2] Whether the “damage claim against a third party by the payee of insurance benefits” under Article 87(1) main text of the Industrial Accident Compensation Insurance Act is limited to those claims of the same nature as, and in mutually complementary relationship with, that of the insurance benefits paid out by the Korea Workers’ Compensation and Welfare Service (COMWEL) (affirmative) Whether COMWEL may, based on the insurance benefits it paid out under the Industrial Accident Compensation Insurance Act, subrogate the liability insurer to the victim’s claim for solatium (negative) [3] Whether the funeral expenses incurred by the bereaved family of the victim are included in the “damage inflicted on the victim” as stipulated in Article 3(1)1 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act (affirmative) [4] In cases where COMWEL paid out bereavement benefits and funeral expenses, the amount to which the liability insurer may be subrogated (held: the remainder of damages excluding solatium, out of the damage actually inflicted on the victim to the extent of liability insurance proceeds), and the purport of the provision under Article 3(1)1 proviso of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act |
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