Court: "If a Delivery Worker Dies Due to Traffic Law Violation, It Is Not a Work-Related Injury"

A delivery driver is busy moving around Mugyo-ro, Seoul. The photo is unrelated to the article content. Photo by Mun Ho-nam munonoam@

[Asia Economy Reporter Seongpil Jo] The court has ruled that if a delivery driver dies in a traffic accident caused by their own illegal actions while driving, it is not recognized as a work-related injury.

The Administrative Court of Seoul, Administrative Division 3 (Presiding Judge Hwanwoo Yoo) ruled against the family of delivery driver Mr. A in a lawsuit against the Korea Workers' Compensation and Welfare Service seeking the cancellation of the denial of survivor benefits and funeral expenses. The court stated, "Mr. A caused the accident by changing lanes without using the turn signal," and concluded, "This does not qualify as a work-related injury."

In June 2018, Mr. A was returning after completing a delivery when he changed lanes from the 6th lane to the 3rd lane on a road in Seoul and was hit by a vehicle going straight, resulting in his death. The family applied for survivor benefits and funeral expenses, claiming it was a work-related injury, but the Service rejected the claim, stating, "The accident occurred due to illegal lane changing." The family then filed a lawsuit.

In court, the family argued, "Mr. A's death does not fall under intentional self-harm or criminal acts, which are exceptions to work-related injuries, so it should be recognized as a work-related injury." They also claimed that the driver of the vehicle that collided with Mr. A was negligent for not paying proper attention ahead.

The court responded to these claims by stating, "The accident was directly caused by Mr. A's illegal lane change," and "It would have been difficult for the vehicle driver to anticipate Mr. A's lane change." Furthermore, the court added, "This accident cannot be considered within the normal scope of work-related activities."