Until now, work-related accidents that occurred during commuting were only recognized as such if they happened under the control and management of the employer, such as when using transportation provided by the employer or equivalent means of transportation. However, the Constitutional Court has decided that this practice violates the principle of equality under the constitution by recognizing as work-related accidents those that occur while commuting using transportation provided by the employer while not recognizing those that occur while commuting on foot, using personal vehicles, or using public transportation.
Commuting accidents are cases where the risks commonly associated with commuting are realized, and therefore, all of the following conditions must be met: ① the act of moving between the home or residence and the place of employment, such as the starting point or endpoint, ② the commuting activity takes place in order to engage in work or after work has been completed, ③ the commuting activity takes place along customary and typical routes and methods.

< Criteria for Recognizing Work-related Accidents >


1. If an employee is injured, falls ill, becomes disabled or dies for any of the following reasons, it shall be considered an industrial accident. However, if there is no significant causal relationship between work and the accident, it shall not be considered as such.
1) Accidents in the workplace
2) Occupational illnesses
3) Commuting accidents
a. Accidents that occur while commuting under the control and management of the employer, such as using transportation provided by the employer or similar means
b. Accidents that occur during commuting using the usual routes and methods
1. Injuries, illnesses, disabilities, or death caused by intentional self-harm, crime, or actions by the employee shall not be regarded as industrial accidents.
2. If there is a deviation or interruption in the commuting route, accidents during the deviation or interruption, and accidents during subsequent transportation shall not be regarded as commuting accidents. However, if there are reasons designated by presidential decree that justify the deviation or interruption as necessary for daily life activities, they shall be considered as commuting accidents.
3. "Reasons designated by presidential decree as necessary for daily life activities" refer to the following:
a. Purchasing necessary goods for daily life
b. Participating in education or training in schools or vocational training institutions to improve job skills
c. Exercising the right to vote or suffrage
d. Transporting children or disabled individuals who are under the protection of the employee to or from care or educational institutions
e. Receiving medical treatment at medical institutions or health centers for the prevention or treatment of illnesses
f. Taking care of family members who need care, including those receiving medical care at medical institutions or similar facilities, as determined by the employee.


■ Specific Criteria for Recognizing Commuting Accidents
❍ Residence
Residence refers to the address or place of residence where a worker lives and carries out daily life for the purpose of providing labor. There are three types of residence: domicile residence, non-domicile residence, and temporary residence.
Domicile residence refers to the place where a worker, alone or with a spouse, children, parents, or grandparents, has been residing for a considerable period of time or is expected to reside in the future. Non-domicile residence refers to a separate accommodation near the workplace where it is difficult to commute daily due to the distance, time, or transportation between the domicile residence and the workplace, and where the worker has been commuting for a considerable period of time or is expected to commute in the future. Temporary residence refers to a place where a worker temporarily stays due to unavoidable reasons such as work circumstances, transportation disruptions, or natural disasters.

❍ Employment-relatedness and workplace
"Related to employment" in Article 5(8) of the Industrial Accident Compensation Insurance Act refers to the act of commuting to or from work to engage in work or to finish work. In cases where an accident occurs significantly outside the usual commuting time, facts such as a specific itinerary before or after the commuting time and the distance between the residence and the workplace are verified to determine whether the accident is related to employment. If a worker remains in the workplace for a significant period of time after work for reasons other than work (typically within about 2 hours), it is interpreted as not being related to employment. "Workplace" refers to the place where a worker provides labor, such as a company, factory, or office, and is the usual place of work according to the employment contract and rules.
❍ Usual Route and Method
"Usual route" refers to the route that can be considered socially acceptable for the general public to use between the residence and the workplace or between workplaces. Therefore, accidents that occur outside the usual route are not recognized as commuting accidents. "Usual method" refers to using transportation means that are considered socially acceptable and reasonable.

❍ Deviation and Interruption in Commuting Routes
Deviation in commuting routes refers to the act of departing from the usual route during commuting, while interruption refers to engaging in non-commuting activities along the commuting route. When deviating or interrupting the commuting route, accidents that occur during the deviation or interruption, which are caused by personal actions unrelated to the purpose of commuting, are not recognized as commuting accidents in principle.
However, minor actions that typically take around 30 minutes during the usual commuting process, such as buying a newspaper, refueling a vehicle, taking out coffee or other beverages, experiencing menstruation, or briefly avoiding a shower, are not considered as deviation or interruption. On the other hand, deviation or interruption caused by necessary daily activities during the usual commuting process are recognized as exceptions.

❍ Commuting Accidents Caused by Criminal Activities
According to Article 37, Paragraph 2 of the Industrial Accident Compensation Insurance Act, accidents caused by criminal activities such as drunk driving, driving without a license, or violating the centerline while driving, are not recognized as commuting accidents in principle.

❍ Commuting Accidents Related to Car Accidents
When a commuter accident is related to a car accident, the worker can choose between industrial accident compensation insurance and automobile insurance, depending on the extent of compensation. The following are general criteria for such a choice: First, if the worker is rated as disabled at level 7 or higher and is eligible for a pension, industrial accident compensation insurance is more advantageous. Secondly, if the worker's fault rate is low or their age is low, automobile insurance is more advantageous because industrial accident compensation insurance is compensated at a fixed amount regardless of fault. However, when processing commuting accidents under industrial accident compensation insurance, the accident is not considered to have occurred under the control of the employer, but outside the workplace, and thus individual performance rates are not applied to insurance premium rates, resulting in no additional charge for industrial accident compensation insurance.