산업재해보상보험법상 구상권의 본질과 제3자로서의 공무원 -대법원 2003. 12. 26. 선고 2003다13307 판결을 중심으로-

The essence of subrogating right and a public officer as the third party in the Industrial Accident Compensation Insurance Act

The Industrial Accident Compensation Insurance Act is enacted to ensure the welfare of the employees and their families who were injured because of his work. Unlike other social insurance systems, the employer pay the entire insurance premium. This is a representation of the damage function in the Industrial Accident Compensation Insurance Act In case an employee is injured by a third party in the process of working, Korea Labor Welfare Corporation pays the worker for industrial insurance benefits and subrogates the right of the worker to file a damage claim against the third party within the limits of the benefit amount based on the article 87 of the Industrial Accident Compensation Insurance Act. Thought the article 87 of the Industrial Accident Compensation Insurance Act is stipulated in the name of the right to demand a reimbursement, the essence of the article 87 is the subrogating right. the coverage of the third party as the requisite for claim for reimbursement should be studied for the exercise of the right to demand a reimbursement. The Supreme Court hold that a civil servant is not included in this coverage of the third party in the subrogating right but local government is included in that. It is studied that the verdict of the Supreme Court is wrong because local government is not included and civil servant is included in that. The ground of theory is that the verdict conflict with the principle of liability insurance as the legal nature of the Industrial Accident Compensation Insurance Act.