Criteria of lndustrial Accidents
(I) General criteria
Accident compensation is rendered in case of in ury, disease, handicap, death,
etc. caused by a work-related accident.
(2) Considerations of work-related accident
In general, a work-related accident is distinguished between its caused-by work and related-to-work-performance. The two reasons determine the criteria of work-related accidents, but in practicality neither one can be overemphasized nor excluded. Accordingly, an accident is recognized as an industrial accident if it has been caused by work-related reasons
1) Reason related to work performance
If an accident occurs when preparing for work, at work, or after work under the
employer’s supervision or management, then it can be said to have been caused by a reason related to work performance.
2) Reason caused-by-work
If there is considerable causality between the employee’s work and the accidentthat occurred, it is recognized as an industrial accident. The causality shall beverified by the plaintiff. The cause and effect shall not only be verified in termsof medical or physical science, but also by considering all given facts such as theemployee’s health at the time of employment, materials at the work place, working hours, contact with other workers, etc. If the employee has not been engaged in the work concerned, it shall be admitted that the accident has not been caused by work. However, if the employee has been engaged in the work concerned, the accident may have been caused by work.
(3) Work-related accidents
Article 37 of the Presidential Decree of the IACI stipulates that a work- related accident shall reveal causality between the work and the accident.
The following suggests concrete criteria:
① When the accident takes place while the employee performs contractualduties under supeπisory control and management of the employer, or when theaccident occurs due to defects of facilities or management;
② When there is a considerable causalty between the accident and the injuryof the employee;
③ When the accident is not caused by the employee’s intentions, self-injury,criminal behaviors, etc. However, if an employee who has received mentaltreatment due to work stress or whose normal abilities to recognize, select, orcontrol themselves has been affected by work (as determined by medical diagnosis) commits suicide, it shall be admitted as a work-related accident.