Apprentice Driver Caused Accident During Test Drive... Supreme Court Rules "Employee"

Court: "Even if training is necessary for job performance, a 'labor contract' is established"

[Asia Economy Reporter Heo Kyung-jun] The Supreme Court has ruled that if a trainee provides labor to the employer while receiving education and training before signing a formal employment contract, they should be regarded as a legal "worker."

The Supreme Court's 3rd Division (Presiding Justice Kim Jae-hyung) announced on the 6th that it upheld the lower court's ruling, which dismissed the appeal filed by a bus company against the Korea Workers' Compensation and Welfare Service's decision to approve nursing care benefits.

The company's trainee driver, Mr. A, was involved in a bus crash while driving under the supervisor's instructions during the final test in September 2015, at a sharp curve section. In February 2018, Mr. A applied for nursing care benefits, claiming he suffered a burst fracture of the second lumbar vertebra due to the accident. The Korea Workers' Compensation and Welfare Service approved the nursing care benefits. The company then filed a lawsuit, arguing that the Service's decision was illegal.

The first and second trials ruled that "Mr. A's trainee period on the route should be considered as part of the employment period, as it was a probationary period to acquire the basic skills necessary to work as a bus driver under the company's actual direction and supervision," and recognized him as a worker under the Labor Standards Act.

The Supreme Court also agreed with the lower courts' judgment. The court stated, "Even if the labor provided during the probationary period differs from that of regular workers, a probationary employment contract should be recognized as long as labor is provided to the employer under a subordinate relationship," adding, "The same applies when the labor provided also has the nature of education and training necessary for job performance."

Furthermore, the court emphasized, "Although Mr. A sometimes only familiarized himself with the route without directly driving, this was education and training for the benefit of the bus company or at least conducted while holding the dual status of a trainee and a worker," and concluded, "It is reasonable to consider that a probationary employment contract was established between the bus company and Mr. A."

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