Murdered by Former Lover on the Way to Work... Court: "Not Recognized as Occupational Accident"

The court has ruled that it is difficult to recognize work-relatedness in a case where an employee was murdered by a colleague on the way to work, and that if the crime was committed due to personal feelings, it cannot be considered an occupational accident.

Seoul Administrative Court. Asia Economy DB

According to the legal community on July 13, the Seoul Administrative Court's Administrative Division 3 (Presiding Judge Choi Sujin) recently ruled against the plaintiff in a lawsuit filed by the family of the victim, identified as A, seeking to overturn the decision by the Korea Workers' Compensation and Welfare Service to deny survivor benefits and funeral expenses.

A was murdered by B, a former romantic partner and colleague, on the way to work in July 2023. The family of A claimed it was an occupational accident and requested survivor benefits and funeral expenses from the Korea Workers' Compensation and Welfare Service. However, the agency rejected the claim, stating that it was difficult to recognize the incident as a work-related or commuting accident. As a result, A's family filed an administrative lawsuit.

The family argued that since both individuals worked at the same company, there were many disputes due to work-related hierarchical pressure, and that the company's lukewarm response contributed to the death, thereby constituting an occupational accident. However, the court cited Supreme Court precedent, stating that if a crime stems from a personal relationship, it cannot be recognized as an occupational accident, and therefore denied the claim.