📝 Summary

A South Korean court ruled that a worker’s fatal intracerebral hemorrhage can qualify as a work-related injury, even if weekly working hours did not exceed 52 hours.

The Case

The worker (A) had worked at a clothing-processing company since 2020.

On June 2023, he arrived at work around 6:30 AM and collapsed with limb paralysis.

After about a month of treatment, he died in July 2023.

Cause of death: intracerebral hemorrhage.


Family’s Claim

His children applied for survivor benefits and funeral expenses from the Korea Workers’ Compensation & Welfare Service (KCOMWEL).

KCOMWEL denied the claim, arguing no clear causal link between work and illness.


Government Guidelines

Higher likelihood of work-relatedness when:

Average weekly working hours exceed 60 hours (12 weeks)

Or 64 hours (4 weeks)


Work-relatedness increases when weekly average exceeds 52 hours.


Employer’s Records Questioned

Evidence showed A frequently arrived before 6–7 AM, worked on Sundays, and even contacted supervisors during early mornings, late nights, and holidays.

The court accepted that the company underreported his actual working hours.


Court’s Conclusion

Even if the hours did not exceed 52 formally, heavy workload and repeated early/late work increased work burden.

Expert medical opinion confirmed that long hours and work-related stress are risk factors for intracerebral hemorrhage.

A had no prior cerebrovascular disease or other underlying health issues.

Therefore, work-related overwork/stress contributed to his death.


Outcome

Seoul Administrative Court overturned the denial, ruling in favor of A’s family.

Survivor benefits and funeral expenses must be granted.

Article: https://www.lawtimes.co.kr/Case-curation/213385