Security Guard's Death During Sexual Intercourse at Workplace Recognized as Industrial Accident... Here's Why

"Basic Physiological Activity Like Drinking Water or Using the Restroom"

A court ruling in China that recognized the death of a man in his 60s, who was working as a security guard, as an industrial accident after he died during sexual intercourse at his workplace, has become a hot topic online. The court determined that, under working conditions requiring 24 consecutive hours of work without any days off, having sexual intercourse with a partner constitutes a basic physiological activity.

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According to the South China Morning Post (SCMP) on May 12 (local time), a man in his 60s, surnamed Zhang, who was working as a resident security guard at a small factory in Beijing, died suddenly in October 2014 while having sexual intercourse with his girlfriend in the security office. A police investigation concluded that Zhang died of natural causes, with no suspicious circumstances such as homicide involved.

About a year after the incident, Zhang's son requested compensation from the Ministry of Social Security, claiming that his father's death qualified as an industrial accident. The authorities denied compensation, stating that Zhang died while engaging in a personal activity and therefore could not be recognized as an industrial accident.

In response, Zhang's son filed a lawsuit against the factory and the authorities in 2016. He argued that his father was required to work 24-hour shifts and therefore could not leave the workplace, which compelled him to meet his girlfriend in the security office.

In court, he asserted, "It is normal for an adult man to have emotional needs," and argued, "For an adult man, having sexual intercourse with a partner is part of rest, and since he did not leave the workplace, his death should be recognized as an industrial accident." According to local media, Zhang was reportedly the only security guard at the factory and worked under conditions requiring 24-hour shifts without any days off.

The court that heard the case ruled in favor of the bereaved family. The court determined that Zhang's death was "an incident that occurred at the workplace during working hours, and sexual intercourse is a physiological activity like drinking water or going to the restroom." Although the factory and the Ministry of Social Security appealed, the higher court upheld the same judgment.

Ultimately, in February 2017, the Ministry of Social Security officially recognized Zhang as having died from an industrial accident. However, the amount of compensation the family would receive was not disclosed.

This ruling later became a widely discussed topic on Chinese online communities. A lawyer based in Chongqing analyzed on social networking services (SNS) that the reasons for the lawsuit's success were the 24-hour continuous work environment without any days off and the fact that the relationship was a normal romantic partnership, not prostitution, which did not violate social norms and therefore received legal recognition.