A delivery driver is moving busily on Mugyo-ro, Seoul. Photos are irrelevant to the content of the article / Reporter Honam Moon munonoam@
[아시아경제 조성필 기자] The court judged that if the delivery driver died in a traffic accident due to his illegal behavior while driving, it would not be recognized as a business accident.
The third administrative division of the Seoul Administrative Court (Deputy Judge Yu Hwan-woo) ruled that the plaintiff lost in a lawsuit for canceling the disposition of non-payment of the survivors’ salaries and funeral expenses that the bereaved family of a motorcycle delivery driver, Mr. The court judged that “Mr. A had an accident while changing lanes without turning on the turn indicators,” and “it is not a business disaster.
On returning from delivery in June 2018, Mr. A was killed by a vehicle that was going straight while changing the course from the 6th lane to the 3rd lane in Seoul. The bereaved family applied for a survivor’s salary and funeral expenses, saying, “It is a business accident,” but the Corporation rejected it, saying, “It was an accident caused by illegally changing course.” In response, the bereaved family filed a lawsuit.
The bereaved side insisted in the court that “Mr. A’s death does not correspond to a deliberate, self-harmful, or criminal act specified as an exception of a work-related accident, so a work-related accident must be recognized.” It also argued that the driver of the vehicle that collided with Mr. A was at fault because he did not look in front.
The court judged that “the accident was caused directly by Mr. A’s illegal change of course,” and “It seems that it would not have been easy for the vehicle driver to predict Mr. A’s course change.” In addition, he added, “It cannot be said that the accident in this case is within the normal range accompanying the performance of the business.”
Reporter Cho Sung-pil [email protected]