The bereaved family of a worker who died following falling home while drinking alcohol with his boss was judged to be an ‘occupational accident’ following a lawsuit.
According to the legal circles on the 7th, the 8th administrative division of the Seoul Administrative Court (Chief Judge Lee Jeong-hee) filed a complaint once morest the Labor Welfare Service by the bereaved family of a cleaning guard worker who died of brain hemorrhage, saying, “Cancel the disposition for not paying survivors’ benefits and funeral expenses.” In one case, the plaintiff prevailed.
Mr. A, who worked as a cleaning guard in the company’s facility management department, was diagnosed with cerebral hemorrhage following drinking alcohol with the manager in October 2020 and falling backward in front of the front door.
He later died in March last year while receiving treatment at the hospital.
Mr. A’s wife claimed that her husband’s death was an occupational accident and requested to the Korea Workers’ Compensation and Welfare Service to pay the bereaved family’s benefits and funeral expenses, but the company did not accept it.
The NHIS argued that the ‘one-on-one dinner party’ in question was not an event organized by or under the direction of the business owner, so it was difficult to recognize it as a work-related accident.
A’s wife filed an administrative lawsuit, and the court granted the bereaved family’s hand, saying, “The disapproval of claims for survivors’ benefits and funeral expenses should be cancelled.”
The court ruled that even if they met one-on-one, they were under the control and management of the business owner if they were with the head of the department without personal acquaintance, and that the fatal accident caused by excessive drinking at the site was an occupational accident.
At the drinking party, the manager and Mr. A talked regarding the problem of purchasing cleaning equipment and staff inconveniences, and the fact that other employees were initially planning to attend, but only Mr. A attended as the employee representative.
The court also explained, “The manager drinks regarding 3 bottles of soju, so he drinks more than the general public.
/yunhap news
