"Just the Two of Us: A Late Lunch Is Also an Extension of Work"

Death After Slipping on Overpass Post-Drinking
Workers' Compensation "Not a Work-Related Injury"
Court "Not Off Work Yet... Within Work Scope"

[Asia Economy Reporter Seongpil Cho] Office worker A had a late lunch alone with the company president around 3 p.m. last January. Drinks were exchanged. After about an hour and a half of dining, A became so intoxicated that he could barely stand. The two moved to go for a second round, and A slipped and fell while descending an overpass. Losing consciousness, A was taken to a nearby hospital but never regained consciousness.

A’s family filed a claim for survivor’s benefits and funeral expenses with the Korea Workers' Compensation and Welfare Service. The claim was dismissed. The reason was that the lunch at the time was a simple social gathering, not work-related, and the place of death was unrelated to the usual commuting route, making it difficult to consider it a work-related accident. The family appealed the decision and filed an administrative lawsuit with the court. The Seoul Administrative Court, Administrative Division 7 (Chief Judge Kim Gukhyun), recently ruled in favor of the plaintiff. It was determined that the Korea Workers' Compensation and Welfare Service must pay survivor’s benefits and funeral expenses to A’s family.

The key issue was whether the lunch was an extension of work. Generally, survivor’s benefits are paid when a worker dies due to work-related reasons. If the meal was confirmed to be a simple social event, as the Korea Workers' Compensation and Welfare Service argued, payment is not possible. The court viewed the meal not as a social event but as part of an event extending from work. The court stated, "It is unreasonable to consider a gathering held at an unusual meal time for on-site personnel to have a late meal together as a simple social gathering rather than a work-related event."

The fact that the accident occurred before leaving work also supported this judgment. Under the Industrial Accident Compensation Insurance Act, commuting refers to movement between the residence and the workplace. A, who lived in Siheung, Gyeonggi Province, stopped by the president’s house in Yangcheon-gu, Seoul, early that day, picked up the president in a work truck, and moved to the work site in Seocho-gu, Seoul. However, the accident happened after finishing work and returning near the president’s house. The court said, "Since A had not completed his commute after finishing work and moving to the president’s residence, it is reasonable to consider this a work-related accident."

In the lawsuit, the Korea Workers' Compensation and Welfare Service argued, "A is presumed to have died from spontaneous cerebral hemorrhage," claiming that non-payment of survivor’s benefits and funeral expenses was appropriate. They argued that there was no causal relationship between the accident and death. However, the court reviewed the hospital diagnosis and stated, "There is no basis for the assumption that A’s cause of death was spontaneous rather than traumatic," and "Considering the medical staff’s opinions, it is judged that A died as a result of this fall accident."

This content was produced with the assistance of AI translation services.