Court Rules "Unlicensed Driving Accident on Commute Can Also Be Considered Work-Related Injury"

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] A court ruling has stated that even if a person dies in an accident while driving without a license on the way to work, it can be recognized as a work-related injury if the unlicensed driving was not the direct cause of death.

The Ulsan District Court Administrative Division 1 (Presiding Judge Jeong Jae-woo) announced on the 26th that it ruled in favor of the plaintiff in a lawsuit filed by the family of Mr. A against the Korea Workers' Compensation and Welfare Service, seeking cancellation of the denial of survivor benefits and funeral expenses.

The court stated, "It cannot be simply concluded that a work-related injury is excluded just because the worker had an accident while driving without a license on the way to work."

Mr. A was riding a motorcycle early this February on his way to work when he collided with a 1-ton truck at an intersection without traffic lights in Ulju-gun. He was transported to the hospital but passed away. The accident was investigated to have occurred due to mutual fault of both Mr. A and the other vehicle’s driver.

Mr. A’s family applied for survivor benefits, claiming it was a work-related injury, but the Korea Workers' Compensation and Welfare Service refused payment on the grounds that Mr. A was driving without a license, which constitutes a criminal act causing death, leading the family to file a lawsuit.

Article 37, Paragraph 1, Subparagraph 3 of the Industrial Accident Compensation Insurance Act, which stipulates the criteria for recognizing work-related injuries, recognizes accidents occurring during commuting under the employer’s control, such as using transportation provided by the employer or commuting by the usual route and method, as work-related injuries.

Paragraph 2 of the same article states, "Injuries, illnesses, disabilities, or deaths caused by the worker’s intentional self-harm or criminal acts, or those caused by them, shall not be regarded as work-related injuries."

The court acknowledged that Mr. A did commit unlicensed driving punishable by imprisonment of up to one year or a fine of up to 3 million won under the Road Traffic Act, but since unlicensed driving was not the direct cause of the accident, it was difficult to consider Mr. A’s death as caused by the criminal act of unlicensed driving.

This content was produced with the assistance of AI translation services.