Official Duty-Related Accident

An official duty-related accident refers to an accident suffered by a public official belonging to the State or a local government while performing official duties.

Under the Enforcement Decree of the Public Officials' Accident Compensation Act, what is recognized as an official duty-related accident includes an official duty-related injury caused by an accident that occurs during the performance of official duties, and an official duty-related disease caused by physical, chemical, or biological factors during the performance of official duties.

A traffic accident that occurs while commuting to or from work may also be recognized as an official duty-related accident.

To put it simply, just as an accident suffered at a labor site is called an industrial accident, an accident suffered while performing official duties is called an official duty-related accident.

The criteria for recognizing an official duty-related accident are as follows.

Where a public official suffers a disease, injury, or death in the course of performing duties, the matter is classified as an official duty-related accident and certain compensation may be received.

Such benefits are based on the 「Public Officials' Accident Compensation Act」 and are finally determined through the review procedures of the Government Employees Pension Service and the Ministry of Personnel Management. The main procedures are as follows.

※ A claim for benefits must be filed within 3 years from the date on which the ground for the benefit arises, and if 3 years elapse, the right to claim is extinguished by prescription, so caution is required.

If a public official is involved in a traffic accident during patrol, a business trip, or the commute to or from work and wishes to file an official-duty injury claim, the following documents must be submitted to the affiliated agency (the pension-handling agency).

▶ Required Documents for an Official-Duty Injury Claim

▶ Case Recognizing an Official-Duty Injury Despite a Temporary Deviation

▶ Case Denying an Official-Duty Injury Involving a Private Gathering After Work

Under the Public Officials Pension Act, where a person contests a determination on various benefits such as retirement benefits, survivor benefits, or disability benefits, the person may file a request for review (re-examination) with the Public Officials Accident Compensation Pension Committee.

There are many cases in which a claim for official-duty injury medical care benefits, filed due to a traffic accident on the commute or during work, results in a denial.

Where a person contests such an outcome, the person may file for re-examination with the Public Officials Accident Compensation Pension Committee.

This request for review must be filed within 90 days from the day the benefit determination became known (the day the agency's disposition document was received) or within 180 days from the date of the determination, and the period may be extended where there is a special reason.

When filing an official-duty injury claim, thoroughly preparing evidence that can prove the circumstances of the accident and its connection to official duty is key.

Because the submitted materials serve as an important basis for judgment during the review and litigation process, they should be collected carefully from the early stage.

For a traffic accident that occurs during the commute to be recognized as an official-duty injury, various factors must be considered together, including the circumstances of the accident, whether there was a deviation from the route, and the connection to official duty.

Because the mere fact of an accident may not, on its own, result in recognition as an official-duty injury, the process of systematically organizing the facts and securing supporting evidence is important.

Drawing on its experience handling many traffic accident and official-duty injury cases, this firm objectively analyzes the circumstances, route, and timing of an accident through its in-house Evidence Investigation Center and Digital Forensics Center, and supports the gathering of concrete evidence by securing digital materials such as CCTV, dashcam footage, and traffic records.

Together with such systematic preparation of materials, through the construction of legal arguments suited to the nature of the case, the firm provides practical assistance across the entire process, from the objection stage through to administrative litigation where necessary.

Where official-duty injury status is at issue due to an accident during the commute, the initial response and the development of an evidentiary strategy are especially important, and so we suggest that you seek advice from a 🔗traffic accident attorney.