In response to the demand for “return of bereaved family benefits for daily workers”… Court: “It is eligible for benefits”

[Anchor]

Three years ago, a day laborer fell to his death while cleaning windows in Daegu.

The bereaved family applied for survivor benefits from the Korea Workers' Compensation and Welfare Service, but the corporation requested the money back a year and a half later, saying they were not workers under the Labor Standards Act.

At the end of the lawsuit, the court ruled in favor of the bereaved family.

This is reporter Hyeon Ye-seul.

[Report]

In June 2021, a cleaning worker in his 50s, Mr. Jang, died after falling 8 meters while cleaning the exterior windows of a building.

The rope of the simple chair hanging was broken.

The bereaved family received 160 million won, including survivor benefits and funeral expenses, from the Korea Workers' Compensation and Welfare Service in recognition of Mr. Jang's work-related accident.

However, a year and a half later, the Korea Workers' Compensation and Welfare Service issued a decision to collect unfair profits and requested the return of 160 million won.

Mr. Jang is a worker who receives daily wages from a subcontractor, and a reinvestigation by the Ministry of Employment and Labor found that he does not qualify as an employee under the Labor Standards Act.

The bereaved family objected and filed a lawsuit, but the court ruled in favor of the bereaved family.

The Seoul Administrative Court ruled, "Under the Labor Standards Act, it must be considered whether the worker provided labor to the employer in a dependent relationship where wages are the purpose rather than in the form of an employment contract, etc."

At the same time, during the Labor Office's initial investigation, it was explained that "there was a statement from a company official that he had directly given work instructions to Mr. Jang," and that "he is a worker who provides labor according to the company's instructions and is eligible for compensation."

[Bang In-tae/Attorney: “We are starting to apply a more precise standard (to workers), meaning that if they can be evaluated in terms of social and commercial norms as being within the scope of management’s control, they should be viewed as workers.”]

The court also stated that even if Mr. Jang was not subject to the subcontractor's employment rules or service regulations, it cannot be said that he is 'not an employee' based on those circumstances alone.

This is Hyeon Ye-seul from KBS News.

Video editing: Han Hyo-jeong / Graphics: Kim Ji-hye

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