Death Using Construction Site Traditional Toilet "Industrial Accident Due to Valsalva Effect" [Seocho-dong Legal Story]

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[Asia Economy Reporter Kim Daehyun] Mr. A was a day laborer. After taking a break of about three months in early 2019, he worked from April 16 of the same year at a logistics center construction site, performing tasks such as fire monitoring, steel material hoisting, and material organization.

On the 12th day after resuming work, he was found collapsed on the floor of a 'traditional toilet' at the construction site that morning. He was immediately taken to the hospital but ultimately passed away.

Mr. A’s children claimed that their father’s death was a 'work-related accident' and filed for survivor benefits and funeral expenses with the Korea Workers' Compensation and Welfare Service. However, the Service rejected the claim, stating, "It is difficult to see that the deceased was under excessive work burden or stress," and "there is no significant causal relationship recognized between the work and the death."

Ultimately, the hospital inquiry and medical record appraisal became the main basis for the court’s judgment. The medical record appraisal stated, "The 'Valsalva (Valsalva) maneuver' and the confined space may have affected Mr. A’s heart condition while using the traditional toilet."

The Valsalva maneuver refers to the phenomenon where holding one’s breath and suddenly exerting force during exercise causes a rapid increase in internal body pressure. This can momentarily cut off oxygen supply to the brain, causing dizziness or loss of consciousness, and reduce blood flow into the heart, decreasing cardiac output, which may lead to ischemic sudden cardiac death. The risk of death due to the Valsalva maneuver during bowel movements is higher in winter.

At the time, Mr. A suffered from chronic heart disease, and the toilet where he died was composed of three compartments within a single container.

The medical expert explained, "Although the cramped toilet space and foul odor cannot be seen as directly causing the death, they could have been aggravating factors for coronary artery rupture and other conditions." Regarding Mr. A’s usual health condition, the expert added, "Hypertension and impaired fasting glucose required management but were not severe enough to interfere with daily life."

On the 28th, the Seoul Administrative Court’s Administrative Division 7 (Presiding Judge Kim Gukhyeon) announced that it ruled in favor of Mr. A’s children in the first trial of the lawsuit to cancel the Korea Workers' Compensation and Welfare Service’s denial of survivor benefits and funeral expenses.

The court stated, "The working hours and intensity rapidly changed over a short period before Mr. A’s death, including performing physically demanding work continuously for 10 days," and "while using the toilet during working hours, the Valsalva maneuver and other factors influenced the rapid deterioration of the heart disease beyond its natural course, resulting in death from an occupational disease."

Meanwhile, the Service has appealed the ruling.