Deck Chief Killed by Falling Fishing Net from Adjacent Vessel... Court Rules "Occupational Accident"

"Accident Occurred While Reporting to Work Under Vessel Owner's Instructions"

The court has ruled that the death of a deck chief, who was killed when a fishing net being lifted from a neighboring vessel fell on him, should be recognized as an occupational accident.

According to the legal community on October 5, the Seoul Administrative Court's Administrative Division 3 (Presiding Judge Choi Sujin) recently ruled in favor of the plaintiffs in a lawsuit filed by the spouse and children of deck chief A against the National Federation of Fisheries Cooperatives, seeking to overturn the denial of survivors' benefits and funeral expenses.

In November 2019, while working as the deck chief of vessel B, A was observing a crew member on the adjacent vessel C as they used a crane to lift a fishing net that exceeded the load limit. The overloaded net suddenly fell, unable to withstand the weight, and struck A, resulting in fractures to his arms and legs and severe bleeding, causing his immediate death at the scene.

The bereaved family filed a claim for survivors' benefits and funeral expenses in February 2022, but the National Federation of Fisheries Cooperatives denied the claim, stating there was insufficient evidence to prove it was a work-related accident. In response, the family filed a lawsuit to overturn the denial.

The court stated, "The deceased reported to work for navigation and safety management duties under the vessel owner's instructions and suffered the accident in the course of these duties," recognizing the incident as an occupational accident. The court also pointed out, "A high seas warning was in effect at the time of the accident, but the vessel owner did not issue any additional safety instructions, and the statements before and after the accident were inconsistent and therefore lacked credibility."

Regarding the National Federation of Fisheries Cooperatives' claim that the deceased was visiting for gambling purposes and not for work, the court rejected this, stating, "There is no evidence to support the claim that the deceased was at the scene by chance. It should be regarded as an accident that occurred during the actual performance of his duties."