Delivery Driver Dies After Gathering, but "No Employer Instruction Means Not a Work-Related Accident"
Delivery Driver Dies After Falling from Pedestrian Overpass Following Gathering
A court has ruled that if a delivery driver dies in an accident while returning home after a voluntarily organized gathering, it cannot be recognized as a work-related accident.
According to the legal community on March 22, the 3rd Administrative Division of the Seoul Administrative Court (Presiding Judge Choi Sujin) ruled against the plaintiff in January in a lawsuit filed by the bereaved family of deceased delivery driver A against the Korea Workers' Compensation and Welfare Service, seeking to overturn the decision not to pay survivors' benefits and funeral expenses.
On December 16, 2023, after having dinner with fellow delivery drivers, A had an accident around 12:30 a.m. the following day while returning home, falling from an overpass. After falling into a state of brain death, A ultimately passed away due to traumatic cerebral hemorrhage in February of the following year while receiving treatment.
The bereaved family argued, "The gathering was held for delivery drivers to share work know-how and to get acquainted with drivers they might ask for delivery substitution, so it was related to work." They further claimed, "Since the accident occurred while returning home without deviating from the route after the gathering, it should be considered a work-related accident," and filed the lawsuit.
However, the court did not accept these arguments.
The court found that "neither the employer nor the manager instructed or organized the gathering, and the drivers also did not seek understanding or approval from the company in advance regarding the gathering."
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The court further stated, "Arranging substitute or proxy drivers is for the drivers' personal convenience and to reduce costs," adding, "A gathering for such purposes cannot be considered as falling within the scope of work performance."
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