Whether an accident occurred in the course of performing the trade union duties with the approval of the company constitutes an occupational accident (affirmative in principle), and whether the trade union duties of the above worker is included in the industrial sector’s trade union duties (affirmative)

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 a collective agreement or a company that is an employer, the full-time officer’s affairs of the trade union are not activities related to the labor organization that is irrelevant to the employer’s business or the labor union activities or the dispute that becomes in conflict with the employer due to the nature of the affairs, and thus, have a close relation with the company’s labor management affairs, and thus, the employer takes charge of the company’s labor management affairs instead of its original duties. Therefore, the accidents caused by the full-time officer’s affairs in the course of performing the trade union affairs or engaging in ordinary activities incidental thereto constitute occupational accidents under Article 4 subparag. 1 of the Industrial Accident Compensation Insurance Act. In addition, the industrial trade union, like the company-level trade union, has directly joined the employees engaged in the same industry and, in principle, has the right to make collective bargaining and collective agreements and right to dispute at an individual enterprise that is a unit workplace under its jurisdiction. Thus, it cannot be viewed as a single trade union related to the industrial trade union affairs of the employer.

Article 4 subparag. 1 of the Industrial Accident Compensation Insurance Act

Supreme Court Decision 92Nu14502 delivered on February 22, 1994 (Gong1994Sang, 1109) Supreme Court Decision 96Nu13866 delivered on June 10, 1997 (Gong1997Ha, 2041) Supreme Court Decision 98Du14006 delivered on December 8, 1998 (Gong199Sang, 151) Supreme Court Decision 2003Du7613 Delivered on October 10, 2003)

Plaintiff (Law Firm Hanl, Attorneys Lee In-bok et al., Counsel for the plaintiff-appellant)

Korea Labor Welfare Corporation

Seoul High Court Decision 2004Nu16500 delivered on August 18, 2005

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

The grounds of appeal are examined.

If the full-time officer is exempted from his/her original duties under a labor contract and transferred his/her duties to a trade union with the consent of a collective agreement or a company that is an employer, the full-time officer's affairs of the trade union are not activities related to the labor organization which is irrelevant to the employer's business or the labor union's unlawful labor union activities or conflict with the employer due to the nature of his/her affairs, since he/she has a close relation with the company's labor management affairs, he/she should take charge of the company's labor management affairs instead of his/her original duties, and thus, he/she can be deemed as his/her own duties. Therefore, the accidents caused by his/her full-time officer's duties in the course of performing trade union affairs or ordinary activities incidental thereto constitute occupational accidents under Article 4 subparagraph 1 of the Industrial Accident Compensation Insurance Act (see Supreme Court Decisions 92Nu14502, Feb. 22, 1994; 98Du14006, Dec. 8, 1998).

According to the reasoning of the judgment below, the court below acknowledged the facts as stated in its reasoning after comprehensively taking account of the adopted evidence, and determined that the accident suffered by the plaintiff was caused by occupational accidents in light of the status of the plaintiff, the circumstance that the plaintiff participated in the event of this case, which was held by the former National Housing Trade Union by utilizing the full-time service period with the company's consent, and the accident occurred after participating in the event of this case, which was held by the former National Housing Trade Union by utilizing the full-time service period, and the event of this case was held not only for the relaxation and friendship of the union members, but also for the debate on the settlement of monthly wage system, which is an important issue in the labor-management relations of taxi companies. In light of the above status of the plaintiff, the circumstance that the plaintiff participated in the event of this case, the purpose and contents of the event of this case, etc., it is justified in the judgment of the court below as follows. There is no error in the misapprehension of legal principles as to occupational accidents as argued in the Grounds for Appeal.

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 Hwang-sik (Presiding Justice)