Death from traffic accident due to crossing the center line during a business trip... Court rules "work-related injury"

[Asia Economy Reporter Seongpil Jo] A court ruling has determined that a worker who died in a traffic accident caused by a major fault of crossing the center line during a business trip should be recognized as a work-related injury.

According to the legal community on the 9th, the Seoul Administrative Court, Administrative Division 7 (Chief Presiding Judge Kim Gukhyeon) ruled in favor of the plaintiff in a lawsuit filed by the family of Mr. A, who died in a traffic accident, against the Korea Workers' Compensation and Welfare Service, seeking cancellation of the denial of survivor benefits and funeral expenses. The court stated, "Even if the accident occurred solely due to the deceased's fault, considering that it happened during the course of performing work while returning to the workplace after participating in partner company training, it is reasonable to regard the deceased's death as a work-related injury." The court added, "Just because crossing the center line is subject to criminal punishment does not mean it can be considered a criminal act under the Industrial Accident Compensation Insurance Act, which has a different legislative purpose and intent."

Earlier, in December 2019, Mr. A was driving a work cargo truck on a road in Pyeongtaek-si, Gyeonggi Province, when he crossed the center line and collided with an oncoming truck, resulting in his death. Investigators presumed drowsy driving as the cause of the accident. The Korea Workers' Compensation and Welfare Service did not recognize the incident as a work-related injury, citing that Mr. A committed a criminal act under the Special Act on the Treatment of Traffic Accidents by crossing the center line. Mr. A's family filed a lawsuit challenging this decision.