Practice Areas

Foreign Workers' Industrial Accidents

A foreign workers' industrial accident claim can be compensated under the Industrial Accident Compensation Insurance Act, regardless of nationality or residency status. When a foreign workers' industrial accident occurs, both the worker and the employer must respond quickly.

1. Foreign Workers' Industrial Accidents | Compensation Available Regardless of Nationality or Residency Status

A foreign workers' industrial accident refers to an industrial accident that occurs when a foreign worker employed in the Republic of Korea is injured or dies due to a work-related accident or illness.

Even an illegal resident can file an industrial accident claim, and a foreign workers' industrial accident claim can proceed without the employer's consent.

Because industrial accident compensation is judged based on ‘work-relatedness’ rather than residency status, not only lawfully residing foreigners such as those on E-9 (foreign worker) status, but also unregistered (illegal) resident foreign workers, day laborers, and workers at construction, manufacturing, and agricultural/livestock sites are all subject to the protection of foreign workers' industrial accident insurance.

Supreme Court precedent likewise takes the position that even where there is no residency status, labor-law protection must be provided for de facto labor that has already been rendered, so the right to claim foreign workers' industrial accident compensation is stably guaranteed separately from status-related issues.

Foreign Workers' Industrial Accidents | Compensation Available Regardless of Nationality or Residency Status
This image was created with AI.

2. Foreign Workers' Industrial Accidents | Compensation Items and the Complexity of Foreign Workers' Industrial Accident Cases

If a foreign workers' industrial accident compensation claim is approved, you can receive a variety of benefits, as follows.

As such, foreign workers' industrial accident compensation items extend beyond simple treatment costs to broadly cover income loss, residual disability, and death, so an accurate claim strategy is more important than anything.

A Structure More Complex Than Ordinary Industrial Accident Cases

Because of the following structure, foreign workers' industrial accident cases are difficult to have approved at all without the assistance of an industrial accident specialist attorney and foreign litigation experts.

  • Difficulty proving the fact of employment and wages

Proving the employment relationship is difficult due to non-enrollment in the four major insurances, payment of wages in cash, and the absence of a written employment contract.

Evidence must be secured through various means such as text messages, commute records, coworkers' statements, and account transaction records.

  • Securing medical records and an opinion on work-relatedness

The circumstances that led to the industrial accident must be accurately recorded in the medical records, and the doctor's medical certificate must clearly establish the causal relationship between the work and the accident in order to increase the likelihood of industrial accident approval.

  • The combination with immigration issues

If an industrial accident claim is filed while in an unregistered residency status, there is also a possibility of suffering disadvantages such as compulsory departure or an order to depart due to a retaliatory report by the employer during the treatment and compensation process.

In such a case, legal measures such as an application to stay the execution of the forced deportation order, an application to defer the departure deadline, a visa extension, or a change of residency status must be pursued together.

3. Foreign Workers' Industrial Accidents | When Employing Foreign Workers, Employers Must Also Prepare in Advance

Because every workplace that employs foreign workers is in principle subject to mandatory industrial accident insurance enrollment, the employer cannot be free from legal liability when a foreign workers' industrial accident occurs.

With the exception of certain excluded workplaces such as domestic service businesses and agriculture, forestry, and fisheries with fewer than 5 regular employees, a workplace that employs foreign workers is, without exception, a mandatory enrollment target and must file an establishment report with the Korea Workers' Compensation & Welfare Service within 14 days of the business commencement date.

If a foreign workers' industrial accident case occurs while the employer has neglected to file the industrial accident insurance establishment report, the Korea Workers' Compensation & Welfare Service additionally collects 50% of the insurance benefit amount paid to the worker from the employer as a benefit collection charge.

A cap is in place so that the collection charge does not exceed 5 times the industrial accident insurance premium; however, separately from this, the insurance premiums for the non-enrollment period, late-payment charges, and a fine for negligence due to the delayed establishment report are also imposed together.

Employer Risk

Details

The dangers of a private settlement (gongsang) arrangement

Insufficient legal binding force

It amounts to nothing more than a private settlement that has not gone through review by the Korea Workers' Compensation & Welfare Service

Re-claim possible

The worker can re-file an industrial accident claim within 3 years of the date the industrial accident occurred

Denial of the settlement's effect

An agreement to waive the right to claim industrial accident compensation in advance is highly likely to be treated as void, as it infringes the worker's statutory rights

Criminal punishment and fines for negligence

-Concealment of an industrial accident (including instigation and conspiracy): imprisonment for not more than 1 year or a fine of not more than 10 million KRW

-Failure to report: a separate fine for negligence imposed by the Ministry of Employment and Labor

Civil damages and Serious Accidents Punishment Act risk

Civil damages claim

If the employer's occupational safety and health measures were insufficient, a separate civil damages claim can be made for the portion exceeding the industrial accident compensation

Criminal punishment risk

Depending on the scale of the workplace and the severity of the accident, the employer may be subject to strong criminal punishment for violating the Occupational Safety and Health Act and the Serious Accidents Punishment Act

4. Foreign Workers' Industrial Accidents | Why You Should Consult the Foreign Litigation Center About Foreign Workers' Industrial Accidents

Foreign Workers' Industrial Accidents | Why You Should Contact the Foreign Litigation Center When an Industrial Accident Occurs

There are many cases where, even though a foreign workers' industrial accident has occurred, the worker suffers a disadvantage because the language barrier prevents them from accurately explaining the cause of the accident and the unsafe conditions at the accident site.

Daeryun's Foreign Litigation Center has experts holding numerous foreign attorney qualifications and personnel who can provide multilingual consultations in English, Chinese, Japanese, Vietnamese, and more, so we can assist with everything from the consultation to responding to the Korea Workers' Compensation & Welfare Service and appearing in court.

In addition, attorneys specializing in labor cases such as industrial accidents and serious accidents, labor attorneys dedicated to obtaining industrial accident approvals, and immigration specialist attorneys in charge of forced deportation, visa extensions, and residency status changes proceed with the case as one team.

Through this, resolving not only the receipt of foreign workers' industrial accident compensation but also the visa issue at the same time, so that the client can stay in Korea with peace of mind during the treatment period, is a strength unique to the Foreign Litigation Center.

In particular, because we operate not only a main office in Seoul but also branch offices in provinces nationwide, we can conduct rapid on-site investigation and evidence collection even if an accident occurs at any construction site, manufacturing plant, or agricultural/livestock site anywhere in the country.

If you are suffering emotionally because of a foreign workers' industrial accident case, we encourage both workers and employers to start with a consultation with the experts at the Foreign Litigation Center without hesitation.

Related Information

Explore legal information related to this case.

Explore more legal information

Daeryun's Key Strengths

Daeryun's key strengths background
Litigation strategy using
Daeryun's own AI & IT technology

Litigation strategy using Daeryun's own AI & IT technology

More than 240
key members

More than 240 key members

*experience_cnt*+ cases handled
per month

1,200+ cases handled per month

* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)

Explore
more strengths
Explore more strengths arrow

Book a legal
consultation with an attorney

All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.

Phone consultation

1800-7905

Available 24 hours a day, 365 days a year

Phone consultation
Online consultation

Online consultation

We provide tailored
legal services for our clients.

Chat consultation

Chat consultation

KakaoTalk channel
Daeryun Law LLC Attorneys

Request a consultation

Related Members

View more
Attorney TaeSeung LEE

TaeSeung LEE

T. 070-7510-1118

Experience as Head of the Masan Branch of the Changwon District Prosecutors' Office · Criminal/Sexual Offense/Drug/School Violence Law Attorney

Attorney KwangDeok Kim

KwangDeok Kim

T. 070-7510-2018

Extensive Experience in Specialized Corporate Law and Intellectual Property Litigation · Construction/Serious Industrial Accident/Intellectual Property Law Attorney

Attorney IkChun Jo

IkChun Jo

T. 070-7510-1044

Attorney holding a Certified Labor Attorney qualification

Mia KIM

Mia KIM

T. 070-7510-1044

Holder of General and Foreign-Language Translation Administrative Scrivener Qualifications Admitted to Practice as an Attorney in Washington, D.C., USA

BoJun ZHANG

BoJun ZHANG

T. 070-5221-0865

Extensive experience in Korea–China cross-border corporate legal affairs, Qualified as an attorney in China

Labor Attorney JuHwan Yun

JuHwan Yun

T. 070-7510-3368

Experience on the Labor Union 'Yellow Envelope Act' Response Task Force · Provided HR and Labor Advisory Services Including Wage Negotiations and Collective Bargaining Agreements

Related Practice Areas

View more
View our Case Handling System

Consult in other languages

Popular Columns

View more
Quick Menu

Chat