Worker injured in company club competition... Court says it should be considered a work-related accident

A court ruled that if a worker was injured while attending an in-house club event under the management and supervision of the company, it should be considered an occupational accident.

On the 28th of last month, Judge Kim Joo-wan of the 11th Administrative Division of the Seoul Administrative Court ruled in favor of the plaintiff in the lawsuit filed by worker A against the Korea Workers' Compensation and Welfare Service to cancel the disapproval of medical care.

Mr. A suffered a fractured wrist while playing at a sports event hosted by the company's futsal club last April, and applied for medical treatment benefits from the Korea Workers' Compensation and Welfare Service.

The corporation decided to disapprove medical treatment. Considering that club membership and activities were voluntary participation of employees and the company did not force them to attend events, the reason was that this could not be viewed as part of work performance. Mr. A, who refused to comply, filed a lawsuit.

According to Article 30, Paragraph 4 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, accidents that occur in situations where worker participation in an event is necessary for labor management or business operation in accordance with social norms and where the employer recognizes this as normal or customary is defined as an occupational accident.

During the lawsuit, Mr. A claimed, "The club in question was an organization formed to strengthen the bond between executives and employees, and the company also encouraged club activities for the purpose of labor management."

It was also mentioned that the company specifically managed and supervised the club. Mr. A emphasized, “Club officials prepared and reported activity reports every month, and the company also paid subsidies based on members’ attendance.”

The court ruled in favor of Mr. A, saying that the Korea Workers' Compensation and Welfare Service's disapproval of medical care should be canceled. Judge Kim explained, “It is reasonable to assume that the overall process of formal activities or events of an in-house club established with the approval of the company was under the control or management of the business owner, unless there are special circumstances.”

In addition, he added, “Since the game in this case was a regular meeting of a club that was managed and supervised by the company, even if there was no compulsion to attend the game, it should be considered that it was under the control of the employer.”

Attorney Bang In-tae of Daeryun Law Firm (Limited), who represented Mr. A, said, "There is a Supreme Court precedent that even if an accident occurs while participating in a non-company event that is not regulated as work, it is a work-related accident if the overall process of the event is under the control of the employer."

He said, “In the case of this lawsuit, each club was promoted through the company website, and last year, a vote was even held to select the best club.” He added, “It appears that the court also took this into consideration.”

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Worker injured in company club game... Court says it should be considered a work-related accident (link)