[Plaintiff, Appellee] Plaintiff (Attorneys Jung Ju-seok and 1 other, Counsel for the plaintiff)
[Defendant, Appellant] Korea Workers' Compensation & Welfare Service
[Judgment Below] Busan High Court Decision 96Gu1924 delivered on September 20, 1996
[Order]
The judgment below is reversed, and the case is remanded to the Busan High Court.
[Reasoning]
We examine the grounds of appeal submitted by the Defendant's agent.
1. According to the reasoning of the judgment below, the court below found, based on the evidence indicated therein, as follows: (1) The Plaintiff joined the non-party Korea Heavy Industries Co., Ltd. (hereinafter "the non-party company") on January 22, 1981, and served as the head of the general affairs department of the labor union of the non-party company, working exclusively on union affairs as a full-time union official pursuant to the collective bargaining agreement concluded with the non-party company. On May 24, 1995, at around 18:00, while participating in a soccer match at a sports event for all union executives held at the reserve forces training ground within the non-party company's premises, the Plaintiff planted his left foot and, while trying to stop the ball with his right foot, slipped and fell backward, sustaining an injury consisting of a rupture of the medial ligament of the right ankle joint and a fracture of the lower right fibula, and on June 8 of the same year, applied to the Defendant for medical care benefits under the Industrial Accident Compensation Insurance Act (산업재해보상보험법); (2) However, on June 26 of the same year, the Defendant issued a non-approval disposition for medical care (hereinafter "the disposition in this case") on the ground that the sports event for all union executives was not held based on the labor management needs of the non-party company, the business owner, or on the basis of the collective bargaining agreement, but was held under the auspices of the labor union after working hours ended, and that there was no active and specific direction from the non-party company in holding the event, such that the Plaintiff's injury as described above constituted a non-occupational accident occurring outside the control and management of the business owner; (3) The sports event for all union executives was customarily held each year, in accordance with the labor union's annual business plan, ahead of the wage and collective bargaining negotiations with the non-party company, in order to demonstrate the solidarity of all union executives, and the labor union notified the non-party company in advance of the holding of the event, and on May 24, 1995, obtained permission from the non-party company to use the reserve forces training ground within the non-party company's premises as the venue for the event, and held the event from around 17:30 to around 21:00 on that day, after the end of basic working hours (around 17:00); (4) However, the persons eligible to attend the sports event for all union executives were approximately 100 persons, including the union's executive committee members, delegates, industrial safety and health committee members, and editorial reporters, out of a total of approximately 7,500 union members, of whom 12 were full-time union officials and the remainder were non-full-time union executives working in operational departments, some of whom did not attend the event; the expenses were covered by the labor union's own business budget; and although the head of the labor affairs department and the deputy head of the labor-management cooperation division of the non-party company visited the event venue to offer encouragement and provided some beverages, the non-party company did not recognize the time spent by non-full-time union executives attending the event as overtime working hours; (5) However, according to the collective bargaining agreement concluded between the non-party company and the labor union on June 10, 1994, union activities by union members are, in principle, to be conducted outside working hours, but where union executives (officers, executive committee members, and delegates), union newsletter reporters and editorial committee members, and election management committee members wish to engage in union activities during working hours due to unavoidable reasons, the union shall make a prior request to the company, and the company shall recognize this within a reasonable scope of time (Article 10); the company shall regard the time during which a member was unable to work due to union activities as time worked, and shall not impose any disadvantageous treatment therefor (Article 11); the union shall have 13 full-time union officials among its members who work exclusively on union affairs (Article 12); and during the period of full-time union service, the official shall be deemed to be working in his original position prior to becoming a full-time official, the company shall bear the wages during the period of full-time service, the official shall have the same access to welfare facilities as general union members, and during the period of full-time service, wages, promotions, and other treatment shall be equivalent to those of an employee of the same standing prior to becoming a full-time official; upon dismissal from full-time union service, the official shall, in principle, immediately return to his original position; with respect to job grade, the company shall consult with the union and decide within a scope equivalent to that of an employee of the same standing prior to becoming a full-time official; and no disadvantageous treatment may be imposed on the ground that a person was a full-time union official (Article 13); and that, pursuant to this collective bargaining agreement, the non-party company recognized the ordinary working hours of full-time union officials as being from around 08:00 to around 19:00, and paid a fixed monthly wage including overtime allowance for 67 hours per month. Having made these findings, the court below determined as follows: In general, where a worker is injured while participating in a company event or gathering that is not stipulated as work which the worker is ordinarily obligated to perform under the employment contract, in order to recognize this as an occupational accident, it must first be the case that, in light of circumstances such as the organizer, purpose, content, number of participants and whether participation was compulsory, method of operation, and bearing of expenses of the event or gathering, the overall process of the event or gathering was, in social norms, under the control or management of the employer (see Supreme Court Decision 94Da60509 delivered on May 26, 1995). As found above, since the organizer of the sports event for all union executives was the labor union and not the non-party company, its purpose was to demonstrate the solidarity of all union executives, the number of participants was limited to union executives rather than all employees of the non-party company, the event was held after basic working hours, attendance was not compelled by the non-party company, the method of operation was determined autonomously by the labor union, and the expenses were borne by the labor union, it is difficult to view that, in social norms, the overall process of the event was under the control or management of the employer. On the other hand, if a full-time union official was relieved of the duties originally to be performed under the employment contract and came to work exclusively on union affairs with the consent of the company as employer, and held the status of a worker at the time the accident occurred, and the illness arose from physical or mental fatigue incurred in the course of performing union duties, then, absent special circumstances, this should be regarded as an occupational accident; provided, however, that accidents arising from activities related to a labor organization in an upper-level or federated relationship unrelated to the employer's business by the nature of the duties, or from unlawful union activities, or from union activities occurring after entering a dispute stage in an adversarial relationship with the employer, cannot be regarded as occupational accidents (see Supreme Court Decision 96Da12733 delivered on June 28, 1996). As found above, since the Plaintiff was relieved of the duties originally to be performed under the employment contract and came to work exclusively on union affairs as the head of the general affairs department of the labor union with the consent of the non-party company as employer, and held the status of a worker at the time this accident occurred, and since the Plaintiff's injury as described above was sustained while participating in a soccer match at the sports event for all union executives, which was customarily held each year ahead of wage and collective bargaining negotiations in accordance with the labor union's annual business plan in order to demonstrate the solidarity of all union executives, then, even though it is difficult to view that the overall process of the event was under the control or management of the employer, in light of the Plaintiff's status and role as a full-time union official, his working hours, and the content of his duties, it is reasonable to view this as having been sustained in the course of performing union duties. Accordingly, the court below determined that, absent special circumstances, it was reasonable to interpret this as an occupational accident under the Industrial Accident Compensation Insurance Act and thus as subject to insurance benefits under that Act.
2. An occupational accident under Article 4, Subparagraph 1 of the Industrial Accident Compensation Insurance Act refers to an accident that occurs due to the relevant work in the course of a worker performing the relevant work duties under the control and management of the business owner pursuant to an employment contract with the business owner, or in the course of engaging in customary activities incidental thereto. If the purpose of holding the sports event for all union executives, the scope of participants, the time held, the method of operation, and the matter of bearing expenses are as found by the court below, then it cannot be viewed that, in social norms, the overall process of the sports event was under the control and management of the business owner. Furthermore, if a full-time union official was relieved of the duties originally to be performed under the employment contract and came to work exclusively on union affairs with the consent of the company as business owner, and held the status of a worker at the time of the illness or injury, and the illness or injury arose from that duty in the course of performing union duties, then, absent special circumstances, this should be regarded as an occupational accident. However, as the court below lawfully found, if the Plaintiff was not injured due to his union duties in the course of performing such duties, but rather, as noted above, sustained the injury while participating, in his capacity as a union executive, in a soccer match at the above sports event held by the labor union, the overall process of which was not, in social norms, under the control and management of the business owner, then this is difficult to regard as an occupational accident under Article 4, Subparagraph 1 of the above Act.
Nevertheless, the court below, for the reasons stated in its holding, regarded the Plaintiff's above injury as an occupational accident, thereby committing an error of law by misunderstanding the legal principles concerning occupational accidents, which affected the outcome of the judgment. The argument pointing this out has merit.
3. Therefore, the judgment below is reversed, and the case is remanded to the court below for further examination and determination, and it is so decided by the unanimous opinion of the participating Justices as set forth in the Order.
Justice Shin Seong-taek (Presiding Justice), Cheon Gyeong-song (Justice in charge), Ji Chang-gwon, Song Jin-hoon