Repeated Early Arrivals and Overtime: Cerebral Hemorrhage Recognized as 'Occupational Accident' Even Without Exceeding 52-Hour Workweek

Published 24 Nov.2025 15:05(KST)

Even if the average weekly working hours did not exceed 52 hours prior to the onset of illness, a court has ruled that a cerebral hemorrhage caused by excessive work, such as early arrivals and overtime, can be recognized as an occupational accident.

On September 25, the 13th Administrative Division of the Seoul Administrative Court (Presiding Judge Jin Hyunseop) ruled in favor of the plaintiffs in a lawsuit filed by the family of Mr. A against the Korea Workers' Compensation and Welfare Service, seeking the cancellation of the agency's decision to deny survivor benefits and funeral expenses (Case No. 2024Guhap85922).

[Facts]

Since 2020, Mr. A had worked at Company B, a clothing processing firm, where he was responsible for the finishing team. On a morning in June 2023, Mr. A arrived at work at around 6:30 a.m. and, while working, experienced symptoms of paralysis in his arms and legs and was transported to the emergency room. Despite receiving treatment for about a month, he died in July 2023. The direct cause of death was "cerebral hemorrhage."

Photo to aid understanding of the article. Getty Images.

Mr. A's children claimed that his death constituted an occupational accident and applied to the Korea Workers' Compensation and Welfare Service for survivor benefits and funeral expenses. However, in March 2024, the agency denied the claim, stating, "There is no recognized causal relationship between the illness and the work." According to Ministry of Employment and Labor guidelines, an average weekly working time of 60 hours over the 12 weeks prior to onset, or 64 hours per week over the preceding 4 weeks, is considered a strong indicator of a connection between work and illness. Additionally, if the average weekly working time exceeds 52 hours during the 12 weeks prior to onset, the likelihood of a work-related connection increases.

The plaintiffs appealed the decision to the Industrial Accident Compensation Insurance Re-examination Committee, but the committee also dismissed the appeal on September 5, 2024. The plaintiffs then filed an administrative lawsuit challenging the decision.

[Court Ruling]

The court accepted the plaintiffs' arguments.

The court stated, "It is reasonable to conclude that the average weekly working hours during the 12 weeks prior to the onset of illness exceeded 52 hours," and added, "Even if the hours did not exceed 52, considering the additional workload factors, this case falls under circumstances where the connection between work and illness is increased."

The court also accepted the plaintiffs' claim that "the employer underestimated the working hours," citing evidence that Mr. A told his spouse and others, "I'm so busy I have to work even on Sundays," and "I go to work around 6 or 7 a.m. every time." The court also considered the fact that Mr. A communicated with a company manager in the early morning, late at night, and even on holidays such as Buddha's Birthday.

Regarding the causal relationship between Mr. A's death and his work, the court noted, "The court-appointed occupational and environmental medicine expert acknowledged that long hours of overwork and the resulting work-related stress were risk factors associated with the illness." Furthermore, the court stated, "Since Mr. A had no prior treatment for cerebrovascular disease and no other underlying illnesses, it is reasonable to conclude that work-related overwork or stress contributed to the onset of the illness."