원문정보
초록
영어
Based on Section 1 of Article 87 of Industrial Accident Compensation Insurance Act-If the Corporation has paid insurance benefits for an accident caused by a third person's act, it may subrogate the right of the person who has received the benefits to file a damage claim against the third person within the limits of the benefit amount- a claim from Industrial Insurance Office on a third party should be actively applicable. However, in case of industrial accidents caused by employees with different employers working at the same location, insurance company can use a claim to limit the insurance benefit. To avoid lack of insurance benefit to other employer, Section 1 of Article 87 of Industrial Accident Compensation Insurance Act was instituted in 1989. In such a case of industrial accidents caused by employees with different employers, a claim on a third party should be restricted. Especially, Section 1 of Article 87 of Industrial Accident Compensation Insurance Act should be applicable to industrial accidents in between outsourcing and co-sourcing employees. The claim for damages against third person should be confirmed in Supreme Court. Also it should be included in the rule of Industrial Insurance Office.
목차
Ⅱ. 근로복지공단의 제3자에 대한 구상권 및 제한
Ⅲ. 원청과 사내협력업체 소속 근로자 사이의 업무상재해사건발생 시 공단의 제3자에 대한 구상권 행사의 타당성 검토
Ⅳ. 결론
참고문헌