Rulings on recognition of work-related injuries and industrial accident insurance benefits · 3 cases
This is an AI summary of the points published by the court, put in plain language. Always check the original for the exact content and conclusion of the ruling. It is not legal advice and cannot be applied as-is to other cases.
A person working as an immigration investigator at an immigration office fell and died while carrying out a search for illegal residents. The dispute was whether this person qualifies as a public official killed in the line of duty.
What did the court decide?
The court recognized the person as a public official killed in the line of duty. It found that even a structure that is prone to collapse can pose a serious danger to the life and body of a person carrying out search and enforcement duties. It held that if the structure collapsed and the person fell with it and died, the death can be regarded as directly caused by harm suffered while performing official duties.
A worker at a subcontracted worksite died in an explosion during welding. The agency that issued the disposition paid survivor benefits and funeral expenses to the bereaved family. It then issued a disposition collecting 71,175,000 won (KRW) from the business owner, which was 50 percent (half) of the benefits paid, because the accident occurred during a period when no report of establishment of the insurance relationship had been filed. The plaintiff asked for this disposition to be revoked.
What did the court decide?
The court found that the plaintiff's business was not subject to a change report for an existing business, but was a new business that had to file an establishment report. The periods of employing workers were not continuous, the work period, place and equipment differed for each subcontract, and the employment relationship ended when each contract ended. Because no establishment report was filed, the court found the disposition lawful and dismissed the claim.
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.
What did the court decide?
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.
This collects 3 rulings on Rulings on recognition of work-related injuries and industrial accident insurance benefits. Each case is laid out as what happened, then how the court ruled.
Can I apply a ruling directly to my own case?
No. A ruling decides the facts of that one case, so the outcome can differ for another case. For your own situation, check with an official body such as the immigration office with jurisdiction.
Where can I read the original ruling?
Each case has a “view original” link to the public post on the Supreme Court of Korea website. KoreaMoa does not reproduce full rulings; it only provides summaries.
