Court Rules Fatal Traffic Accident During Delivery Constitutes Work-Related Death | Be Korea-savvy

Court Rules Fatal Traffic Accident During Delivery Constitutes Work-Related Death


A South Korean court has ruled that the death of a delivery driver who ran a red light and was killed in a traffic accident while rushing to meet delivery deadlines qualifies as a work-related accident. (Image courtesy of Yonhap)

A South Korean court has ruled that the death of a delivery driver who ran a red light and was killed in a traffic accident while rushing to meet delivery deadlines qualifies as a work-related accident. (Image courtesy of Yonhap)

SEOUL, March 24 (Korea Bizwire)A South Korean court has ruled that the death of a delivery driver who ran a red light and was killed in a traffic accident while rushing to meet delivery deadlines qualifies as a work-related accident.

The Seoul Administrative Court’s 8th Division, presided over by Judge Lee Jung-hee, sided with the parents of the deceased delivery driver, identified as Mr. A, in their lawsuit against the Korea Workers’ Compensation and Welfare Service (KCOMWEL). The parents had challenged the agency’s rejection of their claim for survivor benefits and funeral expenses.

Mr. A, who worked for a delivery platform, died in September 2023 after running a red light on his motorcycle while delivering food. KCOMWEL initially denied compensation, citing Mr. A’s “serious individual negligence” in violating traffic signals.

However, the court overturned the decision, noting that the accident occurred within the scope of risks associated with performing job duties. “While the accident was caused by a traffic violation, it falls within the typical risks of work-related driving,” the court stated.

The court also highlighted the pressure Mr. A faced in his role. “Due to the nature of his job, he needed to make swift deliveries to avoid customer complaints,” the ruling said. On the day of the accident, Mr. A completed 32 deliveries, averaging at least four per hour, suggesting significant physical and mental fatigue.

“It is likely that he was in a state of exhaustion, impairing his ability to concentrate and assess traffic conditions, leading to a momentary lapse in judgment,” the court added.

The ruling was further supported by a written statement from the restaurant owner confirming that Mr. A had been rushing to meet pickup deadlines, along with testimonies from fellow delivery drivers highlighting the urgent and demanding nature of the job.

M. H. Lee (mhlee@koreabizwire.com)

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