High School Student Dies During Night Delivery... "Delivery Company Liable" Ruling

Night Work Without Parental Consent... No Safety Training Provided
Court: "Parents Also Bear Responsibility for Neglecting Protection"

A court ruling has ordered a delivery agency to pay over 39 million won to the bereaved family of a high school student who died in a traffic accident while making night deliveries.

On the 14th, Judge Yoon Ah-young of the Civil Division 6 at Bucheon Branch of Incheon District Court ruled partially in favor of the plaintiff in a damages lawsuit filed by the family of high school student A (17 years old at the time of death) against the delivery agency, ordering the company to pay over 39 million won to A’s parents.

On January 18, 2021, at around 8:30 p.m., A was riding a motorcycle on a road in Bucheon, Gyeonggi Province, while performing delivery work when he collided with a illegally parked cargo truck on the roadside. A was taken to the hospital and treated but passed away two weeks later due to cerebral hemorrhage and other injuries.

The photo is not related to the specific content of the article. [Photo by Yonhap News]

The bereaved family claimed that the delivery agency violated its duty of care as an employer by having A work night shifts without parental consent and failing to provide safety and health education, filing a damages lawsuit demanding 170 million won. The agency responded by stating that it did not have an employment contract with A but only a delivery brokerage contract. Ultimately, the court recognized the family’s claim that an employment contract existed between A and the delivery agency.

Judge Yoon explained, “A worked under the company’s management for all but four days in the year before his death, delivering more than 10 orders per day on most days,” adding, “The company also provided the motorcycle, so it is reasonable to consider that an employment contract was established.” She further pointed out, “The delivery agency allowed A, a minor, to work night shifts without parental consent and failed to properly conduct safety training,” concluding, “The delivery agency is liable to compensate the parents for damages.”

However, the judge noted, “The parents also bear responsibility for neglecting their duty of care, and the truck driver who illegally parked on the roadside is also at fault,” and limited the delivery agency’s liability for damages to 15%.

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