The case affirming the judgment of the court below that in case where a truck driver of a company operated a truck in violation of the commercial's oral instruction to transport the company's products after the suspension of drinking, and died of a traffic accident, the death of the driver is caused by his death during his duties and constitutes an occupational accident.

The case affirming the judgment of the court below that the death of a truck driver of a company constitutes an occupational accident on the ground that the operation of a truck in violation of the commercial's oral instruction to transport the company's products after the lapse of alcohol and the death of the company is difficult to view it as an arbitrary and private act beyond the company's control and management, and that the traffic accident is within the scope of ordinary risks accompanying the driver's performance of duty.

Article 4 subparag. 1 of the former Industrial Accident Compensation Insurance Act (amended by Act No. 6100 of Dec. 31, 1999); Article 32 of the former Enforcement Rule of the Industrial Accident Compensation Insurance Act (amended by Ordinance of the Ministry of Labor No. 165 of Jul. 29, 200); Articles 187 and 261 of the Civil Procedure Act; Articles 8(2) and 26 of the Administrative Litigation Act / [Burden burden]

Plaintiff

Korea Labor Welfare Corporation

Seoul High Court Decision 99Nu11969 delivered on June 15, 2000

The appeal is dismissed. The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

The court below held that the non-party 1's act of driving the above 5-t truck which is produced by the non-party 1's farm operator after the death of the non-party 1 is hard to find that the non-party 1's non-party 1's act of driving the above 5-t truck was an occupational accident, and that the non-party 1's act of driving the above 1's mobile farm operator's non-party 1's non-party 1's act of driving the above 1', which is non-party 4's non-party 1's non-party 1's non-party 1', and the non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 2's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1'.

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

Justices Cho Cho-Un (Presiding Justice)