Worker Killed in Bicycle Traffic Accident After Work... Court Rules "Not an Industrial Accident"

A court ruling has determined that a traffic accident resulting in death while commuting by bicycle cannot be considered a work-related injury. The ruling is based on the fact that the cause of the accident was a 'criminal act' violating the duty to protect pedestrians, and therefore it cannot be regarded as a work-related injury under the Industrial Accident Compensation Insurance Act.

According to the legal community on the 26th, the Seoul Administrative Court, Administrative Division 7 (Chief Judge Jeong Sang-gyu) ruled against the plaintiff in a lawsuit filed by the bereaved 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’s benefits and funeral expenses.

The court stated, "The accident in this case and the resulting death of the deceased were caused by the deceased’s criminal act, and it is reasonable to exclude it from work-related injuries under the Industrial Accident Compensation Insurance Act."

Article 37 of the Industrial Accident Compensation Insurance Act stipulates that injuries, illnesses, disabilities, or deaths caused by an employee’s intentional self-harm or criminal acts are not considered work-related injuries.

In September 2020, Mr. A was riding a bicycle home from work when he collided with a pedestrian crossing a crosswalk without a pedestrian signal. It was revealed that Mr. A did not reduce speed or stop temporarily before the downhill crosswalk. The collision caused the pedestrian to sustain injuries requiring more than 12 weeks of treatment. Mr. A fell to the ground, showed symptoms of cerebral hemorrhage, and died the following day.

Mr. A’s bereaved family filed a claim with the Korea Workers' Compensation and Welfare Service for survivor’s benefits and funeral expenses, asserting that Mr. A died due to a work-related injury. When the claim was denied, they filed an administrative lawsuit.

The court sided with the Korea Workers' Compensation and Welfare Service. The court judged, "The deceased violated the Road Traffic Act by failing to stop temporarily before the crosswalk despite the pedestrian crossing, constituting a criminal act by the deceased’s conduct itself," and "The deceased committed a criminal act causing ‘injuries requiring more than 12 weeks of treatment’ by striking the pedestrian."

Furthermore, the court stated, "The accident footage shows no attempt by the deceased to reduce speed before the crosswalk," and "Considering that the deceased collided with the victim without stopping or turning the handlebar, it is highly likely that the deceased did not pay sufficient attention ahead."

The court added, "The traffic accident investigation report indicates that the road in question is ‘flat,’ and even the site photos do not suggest a steep slope that would make stopping difficult," and "The fact that the road is downhill can rather be seen as a factor that increases the deceased’s duty of care, as the deceased was familiar with this road."