Over 600 Franchise Call Center Employees Suffer Cerebral Hemorrhage... Supreme Court Recognizes as Work-Related Injury

The Supreme Court has ruled that a call center employee who responded to phone inquiries related to unmanned parking lots from 600 franchisees and was diagnosed with a cerebral hemorrhage should be considered to have suffered a work-related injury.

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The Supreme Court's Second Division (Presiding Justice Cheon Dae-yeop) announced on the 25th that it overturned the lower court's decision in favor of the plaintiff, Mr. A, in the final appeal against the Korea Workers' Compensation and Welfare Service's denial of medical care approval, and remanded the case to the Seoul High Court.

Mr. A had a one-year dispatch contract with a call center operation agency and worked in telephone counseling for about seven months. He guided drivers using unmanned parking payment machines at more than 600 franchise unmanned parking lots nationwide.

In September 2018, Mr. A collapsed during lunch exhibiting symptoms of hemiplegia and aphasia and was diagnosed with ‘basal ganglia hemorrhage.’ He then applied for medical care benefits from the Service. However, the Service denied the application, stating that ‘it is difficult to recognize a significant causal relationship between Mr. A’s illness and his work,’ and Mr. A filed a lawsuit in response.

The first trial ruled in favor of Mr. A, but the second trial overturned the decision, stating that it was difficult to see that Mr. A had short-term or chronic excessive workload.

However, the Supreme Court judged, "Mr. A’s work intensity and the resulting physical and mental stress must have been considerable," and "even if Mr. A’s underlying condition of hypertension is considered the main cause of onset, it is highly likely that work-related stress overlapped with hypertension and worsened the cerebral hemorrhage."

It further stated, "By being engaged in ‘work with significant mental tension’ for a long period, it is highly likely that he was involved in ‘chronic excessive workload’ as defined by the current Ministry of Employment and Labor notice, and as a result, he was exposed to a high level of mental stress for a considerable period, causing physical and mental burdens that can distinctly affect the normal function of cerebral blood vessels, which is presumed to have negatively influenced the onset or worsening of the condition."

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