근로복지공단의 제3자에 대한 구상권 제한

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.