CONTENTS
- 1. Industrial Accident Lawsuit, the Detailed Circumstances
- - Industrial Accident Lawsuit, the Relevant Statutes
- 2. Industrial Accident Lawsuit, the Labor Office's Determination
- 3. Industrial Accident Lawsuit, Daeryun's Strategy
1. Industrial Accident Lawsuit, the Detailed Circumstances
The plaintiff who filed the industrial accident lawsuit was A, the manager and planner of a YouTuber with approximately 1.4 million subscribers.
A entered into a verbal agreement without preparing a written employment contract and worked for a period of less than one month. During that time, while demonstrating skiing on behalf of the YouTuber in an outdoor broadcast, A sustained an injury to the lower back.
When asking A to demonstrate skiing, the YouTuber had said, “Of course I will arrange industrial accident coverage,” but after A was diagnosed with fractures of the 10th and 11th thoracic vertebrae and a prognosis of six weeks, the YouTuber changed position and said, “Because you are a freelancer, I cannot process an industrial accident claim.”
However, because A had already been enrolled as an employee in employment insurance and industrial accident compensation insurance at the time of hiring, A was able to obtain recognition of the industrial accident regardless of the employer's intent.
Even so, the Korea Workers' Compensation and Welfare Service stated, “Since the employer (the YouTuber) denies the injured party's status as an employee, we must wait for the determination of the Ministry of Employment and Labor.”
Ultimately, A submitted a petition to the labor office requesting that the YouTuber, as the employer, be punished for violating the Labor Standards Act.
Industrial Accident Lawsuit, the Relevant Statutes
An industrial accident lawsuit is brought to pursue 🔗damages for an industrial accident, which refers to a worker who has suffered an industrial accident pursuing the civil liability of the employer or the responsible manager where the cause of the industrial accident was their negligence, and making a claim for damages.
A worker's right to claim damages for an industrial accident is subject to an extinctive prescription of three years from the date on which the accident occurred.
The criteria for recognizing an occupational accident (an accident in the course of duty) provided under the Industrial Accident Compensation Insurance Act are as follows.
1. An accident that occurs while the worker is performing work or conduct under the employment contract
2. An accident that occurs due to a defect in, or negligent management of, a facility provided by the employer while the worker is using that facility
3. An accident that occurs during an event hosted by the employer, or during preparation for an event, in which the worker participated at the employer's direction
4. An accident that occurs during a break, through conduct that can be regarded as being under the employer's control and management
5. Any other accident that can be regarded as work-related
🔗The application for industrial accident benefits requires the following conditions for approval.
1. Work-relatedness of the cause : whether the industrial accident occurred from a risk arising from the work
2. Performance in the course of work : whether the industrial accident occurred in the performance of work
3. Status as an employee : whether the person who suffered the industrial accident is recognized as an employee
2. Industrial Accident Lawsuit, the Labor Office's Determination
The labor office that ruled on the case of A, the YouTuber's manager who filed the industrial accident lawsuit, decided in A's favor.
The labor office determined, “A is in a relationship of subordination to the user* with the YouTuber and qualifies as an employee under the Labor Standards Act who provided labor for the purpose of wages.”
The labor office explained, “Considering comprehensively that a verbal contract was entered into on the conditions of a five-day workweek and a fixed monthly salary, that the respondent (the YouTuber) enrolled A in employment insurance, that the respondent appears to have managed A's attendance, and that A appears to have had no room to generate profit independently beyond the fixed salary, A is determined to be an employee.”
*Relationship of subordination to the user : this means that a worker is employed by a user and provides labor, such that the worker, under the direction and orders of the user, performs the work the user desires
3. Industrial Accident Lawsuit, Daeryun's Strategy
We analyzed the labor office's determination, which held that the YouTuber's manager and planner who filed the industrial accident lawsuit are also employees and therefore may receive the protection of the Labor Standards Act.
As online platforms, including YouTube, have become more active, the number of related workers has been increasing, and recognition of their status as workers was important. In that respect, this determination can be regarded as carrying significant meaning.
As in the case above, even if a company refuses to process an industrial accident claim, an injured worker may apply to the Korea Workers' Compensation and Welfare Service and receive compensation, and if this too is refused, the worker may also submit a petition to the labor office.
Daeryun Law Firm LLP provides legal advice on ascertaining the facts and reviewing related materials for an injured worker's application for industrial accident benefits.
If you are facing difficulties with an application for industrial accident benefits, you are welcome to request a consultation at any time with the 🔗labor attorneys of Daeryun Law Firm.
