Whether the affairs of the trade union in charge of full-time affairs of the trade union with the approval of the company constitutes the affairs of the company (affirmative with restriction)

[1] Article 4 subparagraph 1 of the Industrial Accident Compensation Insurance Act, Article 24 of the Labor Union and Labor Relations Adjustment Act

Supreme Court Decision 92Nu14502 delivered on February 22, 1994 (Gong1994Sang, 1109) Supreme Court Decision 98Du14006 delivered on December 8, 1998 (Gong199Sang, 151) Supreme Court Decision 2003Du7613 Delivered on October 10, 2003

Kim Nam (Law Firm Dae-ju, Attorneys Jeon Soo-soo et al., Counsel for the plaintiff-appellant)

Korea Labor Welfare Corporation

Seoul High Court Decision 2002Nu3814 delivered on April 24, 2003

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

If the full-time officer is exempted from the original duties under a labor contract and the full-time officer of a trade union is approved by the company that is an employer, such full-time officer’s duties are not activities related to the labor organization that is irrelevant to the employer’s business or the labor union that are in conflict with the employer, but after entering the stage of an illegal trade union activity or conflict with the employer, the full-time officer’s duties are closely related to the original company’s labor management duties, and thus, the employer is in charge of the original duties instead of the original duties (see, e.g., Supreme Court Decisions 92Nu14502, Feb. 22, 1994; 98Du14006, Dec. 8, 1998; 2003Du7613, Oct. 10, 2003).

The court below acknowledged the facts based on the employment evidence, and determined that the death of the above deceased was an occupational accident on the ground that the non-party Kim Jong-sung (hereinafter referred to as the "non-party company") was the full-time officer of the trade union as a trade union under the agreement between the labor union and Shin Jae-sung (hereinafter referred to as the "non-party company"). The above deceased's work is the non-party company's work. The above deceased was suffering from physical excessive mental stress due to frequent work hours in order to adapt to the work as the full-time officer of the other trade union.

In light of Article 4 of the Industrial Accident Compensation Insurance Act, Article 24 of the Labor Union and Labor Relations Adjustment Act and the legal principles as seen above, we affirm the above determination by the court below, and there is no error of law such as misunderstanding of legal principles as to occupational accidents under the Industrial Accident Compensation Insurance Act, as otherwise alleged in the ground of

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 Kim Yong-dam (Presiding Justice)