CONTENTS
- 1. Busan Law Office, Background of the Case
- - Busan Law Office, the Client's Account
- 2. Busan Law Office, Information Related to the Case
- 3. Busan Law Office, Assistance to the Client
- - Busan Law Office's Argument, the Purpose of the Company Event
- - Busan Law Office's Argument, the Company's Management and Supervision of the Event
- 4. Busan Law Office, Result of Support: "Revocation of the Disposition"
1. Busan Law Office, Background of the Case
The client participated in a company event and was injured, receiving hospital treatment and admission, but was in a difficult position because the injury was not approved as an industrial accident.
The client decided to resolve the matter through litigation and visited the Busan law office for assistance.
Busan Law Office, the Client's Account
The client is an ordinary office worker.
One day, the client participated in an event hosted by the company and, during the activity, had an accident that caused injuries such as a bone fracture.
The client explained that afterward they endured pain while receiving inpatient and outpatient treatment.
However, the Korea Workers' Compensation and Welfare Service contended that, because the event was not directly related to work, it did not qualify as an industrial accident.
When approval as an industrial accident was ultimately not granted, the client decided to resolve the matter through litigation and approached the Busan law office for assistance.
2. Busan Law Office, Information Related to the Case
The Busan law office first informed the client that the client's situation could be recognized as work-related under the law.
This is because, even if the conduct is not a direct work activity, it may be recognized as the subject of an industrial accident where it is deemed necessary for the operation of the business.
For that reason, the scope of work under the law and the scope of accidents recognized within it are quite broad, so a close legal review is required when filing an industrial accident claim.
For example, workplace harassment, the mental stress resulting from it, or accidents during the commute may also be included as industrial accidents, so if you are considering an industrial accident claim, it is important to understand this accurately.
However, where a worker intentionally inflicts self-harm, causes an industrial accident through criminal conduct, or where the accident has a markedly low connection to work, it may not be recognized as an industrial accident.
For that reason, if you are considering an industrial accident claim, the assistance of an attorney with extensive experience in related cases can be helpful for a comprehensive assessment of work relatedness, employment status, and similar factors.
If, as in the client's case, an industrial accident claim is filed but approval is unfairly denied, the matter can be resolved through administrative litigation by filing a suit for revocation of a denial of medical care benefits.
It is a type of administrative litigation filed to revoke a disposition by the Korea Workers' Compensation and Welfare Service denying an industrial accident, in which establishing that the matter constitutes a work-related accident becomes the issue of the judgment.
🔗If You Would Like to Know More About the Industrial Accident Compensation Insurance Act
3. Busan Law Office, Assistance to the Client
The Busan law office established a legal basis showing that the company event in which the client participated was indirectly highly work-related, and argued as follows.
Busan Law Office's Argument, the Purpose of the Company Event
The event in which the client participated was one that the company actively encouraged employees to join in order to strengthen bonds among them.
The Busan law office submitted internal company documents stating this purpose as evidence and emphasized that the client's injury bore a connection to work.
Busan Law Office's Argument, the Company's Management and Supervision of the Event
The event in which the client participated was not simply one hosted and run among the participating employees, but an official company event for which the company had established support and operating rules.
The Busan law office emphasized that the event in which the client participated was subject to specific management and supervision at the company level, and argued that the client's injury constituted an industrial accident.
4. Busan Law Office, Result of Support: "Revocation of the Disposition"
Accepting the Busan law office's argument, the court decided to revoke the defendant's denial of industrial accident approval and issued a judgment ordering the defendant to bear the litigation costs as well.
If You Are Considering an Industrial Accident Claim
This was a case supporting a client who was in a difficult position because, although the client had been injured during an event hosted by the workplace, the injury was not recognized as an industrial accident.
Under the Industrial Accident Compensation Insurance Act, every worker may be compensated, regardless of fault, for industrial accidents that arise in the course of work.
As in the client's case, the scope of what may be recognized as an industrial accident is broad and comprehensive, so a thorough legal review is required.
At Daeryun Law Firm, you can receive prompt assistance through 🔗attorneys with specific knowledge of and experience in the Industrial Accident Compensation Insurance Act.
If you are concerned about a related case, please consult with us through a 🔗legal consultation appointment.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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