Ruling revoking denial of medical care benefits for a foreign worker injured while fleeing a crackdown

Who this helps

This may help foreign workers who were hurt while avoiding an immigration crackdown and are wondering about medical care benefits. It may also help those looking at cases where an employer's instruction was the key issue.

Case overview

Court

Busan High Court

Date of judgment

Jan 15, 2008 (Tue)

Topic

Industrial Accidents

Original title (Korean)

○불법체류가 사업주의 지시에 따라 도피하다 상병을 입은 경우 업무상재해 여부(적극)

To avoid an immigration office crackdown on illegal residents at the company where he worked, a Chinese worker went out of a 2nd floor office window and climbed down an air conditioner pipe. He fell to the ground 8 meters below and was badly injured. He applied for medical care approval, which pays for treatment costs. The Korea Workers' Compensation and Welfare Service denied it, saying the injury happened while fleeing a crackdown and was not a work-related accident. The 1st instance court did not accept his claim, and the worker appealed.

Is an injury a work accident if a worker is hurt fleeing a crackdown on the employer's orders?

A Chinese worker tried to avoid an Immigration Office crackdown. He went out a second-floor office window, climbed down an air-conditioner pipe and fell eight meters. The Korea Workers' Compensation and Welfare Service denied care because he was hurt while fleeing. The court found that the employer, through a manager, told the workers to hide, and the worker did so. It treated the escape as under the employer's control.

How the court ruled

The court revoked the 1st instance judgment and revoked the denial of medical care approval. The company owner, through the management department head, had told illegal residents to hide from the crackdown. The worker was injured while taking shelter as instructed. The court found that this act of taking shelter was under the owner's control and management. It therefore held that the accident was a work-related accident and that the denial was unlawful.

What to check in a similar situation

The medical care application and the denial decision can be checked with the Korea Workers' Compensation and Welfare Service. The lawsuit procedure can be checked with the court.

• Unpaid wages and work injuries
• Find support centers
• Contacts: Ministry of Employment and Labor helpline 1350

Terms explained

medical care benefits

A decision to cover treatment costs for a person hurt while working.

work-related accident

An accident or illness connected to work. Here, the court treated hiding on the employer's instruction as covered.

employer's control

A situation where the employer manages and directs where and how workers act.

More rulings on this topic

• Court Recognizes Immigration Officer Who Fell to Death While Searching for Illegal Residents as Official Killed in Line of Duty · Seoul Administrative Court
• Court upholds recovery of half of benefits for accident before insurance establishment report · Ulsan District Court

See all 3 rulings on Industrial Accidents →

Frequently asked questions

Who brought the case?

A Chinese worker who was badly hurt while avoiding a crackdown. His care application was denied, so he went to court.

How did the court rule?

It found the injury happened while following the employer's instruction to hide, so it was a work accident. It revoked the denial as unlawful.

Does this apply to all similar cases?

No. It is the court's decision in this case and does not apply as is to other cases.