(a) Requirements for a disaster that occurred during departure or retirement from office to constitute "occupational accident" under Article 3 (1) of the former Industrial Accident Compensation Insurance Act;

B. The case holding that it does not constitute an occupational accident under the former Industrial Accident Compensation Insurance Act in case where a traffic accident occurred while a car under his/her own possession was driven and set off while the car was set off.

A. The term "occupational accident" under Article 3 (1) of the former Industrial Accident Compensation Insurance Act (amended by Act No. 4826 of Dec. 22, 1994) refers to an accident caused by an employee's performance of the pertinent work or his/her ordinary activities under the control and management of the employer under an employment contract with the employer, and thus, an employee in the course of departure or retirement can select the method and route, and thus, it cannot be deemed that the employee is under the control or management of the employer. Therefore, the accident that occurred during departure or retirement can be recognized as an occupational accident, where the employee's process of departure or retirement can be seen as under the control and management of the employer by using means of transportation such as vehicles provided by the employer or by allowing the employee to use a similar means of transportation.

B. The case holding that a worker's accident does not constitute an occupational accident under the former Industrial Accident Compensation Insurance Act, on the ground that, even if the vehicle was registered with the company in accordance with the company's vehicle management regulations and the company, which is the business operator, was ordered to subsidize the purchase cost or maintenance cost of the vehicle, the right to manage and use the vehicle was actually belonging to the employee, and that the commuting course at the time of the accident did not have been controlled and managed by the company, and that the accident suffered by the employee does not constitute an occupational accident under the former Industrial Accident Compensation Insurance Act.

Article 3 (1) of the former Industrial Accident Compensation Insurance Act (amended by Act No. 4826 of Dec. 22, 1994) (see current Article 4 subparagraph 1 of the same Act)

A. Supreme Court Decision 92Nu13073 delivered on January 19, 1993 (Gong1993Sang, 745) 92Nu16805 delivered on May 11, 1993 (Gong1993Ha, 1730)

[Defendant-Appellant] Plaintiff 1 et al.

Korea Labor Welfare Corporation (Before Correction: Administrator of Seoul Regional Labor Administration)

Seoul High Court Decision 94Gu34915 delivered on April 13, 1995

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The Plaintiff’s attorney’s ground of appeal is examined.

The term "occupational accident" as stipulated in Article 3 (1) of the Industrial Accident Compensation Insurance Act refers to an accident caused by an employee's performance of his/her duties or ordinary activities incidental thereto under the control and management of the employer based on his/her employment contract with the employer. Thus, it cannot be viewed that an employee is under the control or management of the employer because he/she can select the method and route generally. Therefore, it shall be deemed that the accident occurred during his/her departure and retirement can be recognized as an occupational accident by using the means of transportation, such as vehicles provided by the employer to the employee or by allowing the user to use the similar means of transportation, so that the worker's departure and retirement are under the control and management of the employer (see, e.g., Supreme Court Decision 93Nu13073, Jan. 19, 1993; 92Nu16805, May 11, 1993; 200Da16805, May 11, 1993).

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Cho Chang-tae (Presiding Justice)