産業災害保償保險法上 保險者代位와 第3者의 範圍

The purpose of this article is to consider the legal aspects of the insure's subrogation right against the third person in the Industrial Accident Compensation Insurance Law. Art. 682 of the Korean Commercial Code provides that where the loss has been caused by the act of a third person, the insurer who has paid the amount to the insured, shall be subrogated to the extent of the amount paid, the rights which the person effecting the insurance or the insured has against such persons. This is so-called the insurer's subrogation right against the third person. This is similar to the insurer's subrogation right of the Industrial Accident Compensation Insurance Law. But the insurer's subrogation right of the Industrial Accident Compensation Insurance Law is different from the insurer's subrogation right of the Korean Commercial Code. Because the Industrial Accident Compensation Insurance Law is a kind of the Social Security Law. And the Industrial Accident Compensation Insurance is a kind of the social Insurance. Therefore, that is a point to be considered the intent of the Industrial Accident Compensation Insurance Law, which determines on the range of the third person. And, it is necessary to pay special attention to the characteristic of the liability insurance and the liability for an industrial accident of the third person.