A. Concept

1. Accident compensation is rendered in the event of injury, illness, handicap, death, etc. caused by a work-related accident/illness (Article 5 of the IACI).
2. Article 37 of the Presidential Decree to the Industrial Accident Compensation Insurance Act (IACI Act) stipulates that a work-related accident/illness shall reveal causality between the work and the incident (Article 37 ① of the IACI).
3. The incident shall not be the result of the employee's intentions, self-injury, criminal behavior, etc. However, if an employee who has received treatment for mental health issues due to work stress or whose normal abilities to recognize, select, or control themselves has been affected by work (as determined by medical diagnosis) commits suicide, it shall be recognized as a work-related accident/illness (Article 37 ② of the IACI).

B. Considerations for Work-related Accidents

In general, a work-related accident is distinguished between those caused by work and those related to work. In practicality neither one can be overemphasized nor excluded. Accordingly, an incident is recognized as an industrial accident if it has work-related causes. Bongsoo Jung, The Korean Labor Law Bible, 6th Ed., Joongang Economy, 2021, pp. 689-691.


1. Related to work
If an incident occurs when preparing for work, at work, or after work under the employer's supervision or management, then it can be said to have a cause related to work performance.
2. Caused by work
If there is considerable causality between the employee's work and the incident that occurred, it is recognized as an industrial accident. The causality shall be verified by the plaintiff. The cause and effect shall not only be verified in terms of medical or physical science, but also by considering all given facts such as the employee's health at the time of employment, materials at the work place, working hours, contact with other workers, etc. If the employee has not been engaged in the work concerned, it shall be admitted that the accident has not been caused by work. However, if the employee has been engaged in the work concerned, the accident may have been caused by work.

C. Work-related Accidents

The following are suggested as concrete criteria:
1. When the incident takes place while the employee is performing contractual duties under supervisory control and management of the employer, or when the incident occurs due to defects in facilities or management;
2. The incident happens while the worker is commuting to or from work;
3. The incident happens while the worker is participating in or preparing for an event organized by the employer or an event following the directions of the employer;
4. The incident happens during recess hours due to an act that can be seen as under the control of the employer; and
5. Another type of incidents which happens in relation to work.

D. Work-related Illness

The following are suggested as concrete criteria:
1. The illness occurs due to the handling of, or exposure to, elements, including physical agents, chemical substances, dust, pathogens, and physically straining work, which could harm a worker's health while he/she is performing his/her duties;
2. The illness occurs as a result of a work-related injury; and
3. Another illness which occurs in relation to work.
According to Article 5 (1) of the IACI Act, “occupational accidents” include any illnesses caused by a worker’s duties, with verifiable causality between the employee's work and the illness. Although there is no direct relation between the main cause of the illness and work performance, if occupational fatigue or stress at least overlaps with the main causes of the illness, causing or deteriorating it, it is assumed that there is causality between them. The cause and effect shall not only be verified in terms of medical or physical science. If it is assumed that there is considerable causality between the work and the illness in considering all given facts, this shall be regarded as verification. In cases where the basic or potential illness has not impinged on the employee’s ability to carry out normal work duties but suddenly progresses faster than normally due to a heavy workload, it is also regarded that there was verification. Whether there is causality between the work and a fatality shall be estimated not by the health and physical conditions of the employee concerned, but those of an average employee. Supreme Court ruling on Mar. 9, 2006: 2005du13841.