🔹Key Takeaway

A fatal accident after a voluntary work dinner is not considered work-related, so no survivor benefits are owed.


Case Overview

A delivery driver died after falling from a pedestrian overpass while returning home.

The accident occurred after a dinner gathering with coworkers.


Plaintiff’s Argument

The family claimed the accident happened during commute from work, so it should qualify as an industrial accident.


Court’s Findings

The dinner was purely voluntary and organized by employees, not the company.

The employer did not direct, supervise, or require attendance.

Therefore, the event was outside the scope of employment.


Legal Reasoning

For an accident to qualify as work-related, there must be a clear connection (causation) to the employer’s control or business activities.

Since the gathering lacked employer involvement, no such connection existed.


Outcome

The court ruled against the family.

Survivor benefits and funeral expenses were denied.

Article: https://www.lawtimes.co.kr/news/articleView.html?idxno=218047