Remote Work-Related Industrial Accidents in Korea: Find a Game Changer

On December 9, 2024—barely per week in the past—the Korean courtroom dominated towards an worker who claimed a mind hemorrhage throughout late-night distant work. Regardless of presenting electronic mail information and a distant work affirmation letter from his employer, the courtroom deemed the proof inadequate to show he had been repeatedly working. The worker argued that his time beyond regulation hours main as much as the incident exceeded common work hours by 30%, assembly the “short-term overwork” threshold outlined by Korea’s Ministry of Employment and Labor (고용노동부). He additionally claimed excessive stress because of his position managing courtroom mediation and firm restructuring. Nevertheless, these arguments fell flat within the absence of tangible proof.

SLG Secured 80,128,120 KRW Compensation for Our Shopper

This case echoes that of our shopper, Ahmed. But not like the person within the information above, Ahmed efficiently secured compensation of 328,021,190 KRW within the first trial alone. Moreover, within the second trial, we succeeded in having Ahmed’s incapacity grade (장해등급) revised upward from Grade 7 to Grade 5. Whereas a Grade 7 pension offered month-to-month funds of 1,305,361 KRW, the Grade 5 pension elevated this to 1,878,350 KRW—a further 572,989 KRW monthly. Assuming a 4% annual inflation price, this distinction interprets to roughly 204,750,138 KRW over the following 20 years.

Satirically, Ahmed’s state of affairs appeared much more difficult on paper. He obtained no distant work affirmation because of a strained relationship along with his employer, and the corporate’s official time information confirmed a median of 41 weekly hours within the three months earlier than his collapse—solely 30 hours within the closing week. His case was additional difficult by a five-year historical past of untreated hypertension and extreme weight problems. As a analysis skilled, he didn’t even have the e-mail trails that sometimes assist show distant work hours.

So, how did SLG flip the tables and obtain victory? It got here down to 2 strategic breakthroughs: important witnesses and a skillfully ready medical opinion evaluate.

The Witness: Turning Intangibles into Proof

Our major documentable proof was laptop computer login information between 10 PM and 6 AM. Confronted with a scarcity of arduous proof, we targeted on witnesses. The witnesses described Ahmed’s work setting as inherently aggravating and performance-driven, marked by frequent public reprimands, and set in a office tradition the place time beyond regulation was the norm. It was not simply common-it was anticipated. This testimony dismantled the employer’s time information, which did not mirror the “invisible time beyond regulation”.

Had been these witnesses a fortunate discover? Not fairly. SLG proactively sought former colleagues who:

Had real empathy for Ahmed’s state of affairs,
Understood the corporate’s inside dynamics, and
Had been free from issues about retaliation, having already left the corporate.

Nevertheless, favorable witnesses don’t all the time imply favorable testimonies. Non-experts typically can’t distinguish between what’s legally useful or dangerous – there’s an enormous gulf between widespread sense and authorized reasoning. At SLG, we bridged this hole by serving to witnesses perceive the burden of their phrases—with out overstepping moral boundaries. Their testimony was freely given, rooted in reality, and finally decisive.

Reframing the Medical Narrative

Second, we submitted a fastidiously crafted request for medical information analysis. Medical findings alone are uncooked information—they require knowledgeable interpretation to disclose their full significance. Paired with an knowledgeable’s opinion, these findings can remodel right into a compelling narrative. By analyzing years of overwork harm instances, we recognized essential patterns and rising medical analysis that aligned completely with Ahmed’s situation. Each query posed to the medical expert was like a puzzle piece, every reply designed to finish a persuasive image of Ahmed’s case. Notably, SLG’s industrial accident specialist advisor has a observe document of victories so impactful that it has even formed authorities coverage.

Distant Work and Industrial Accident Recognition

It’s no secret that information employees in Korea face far larger hurdles in getting industrial accidents acknowledged in comparison with guide laborers. Proving overwork is a fair harder battle, particularly when official time information fall nicely under authorized working hour thresholds.

That stated, what could look like an not possible victory will not be past attain. With distant work turning into more and more commonplace, courts have begun recognizing accidents that happen throughout distant work—offered they’re straight tied to work duties. Examples embrace: slipping whereas getting water, falling throughout a smoke break, being concerned in a automotive accident whereas stepping out for lunch, and even tripping within the restroom throughout work hours.

A Vital Be aware for Overseas Employees in Korea

For those who’re a overseas employee in Korea, going through an identical state of affairs, don’t assess your case by means of a non-expert lens. Communicate to an expert. As soon as you keep a lawyer, they’ll deal with each side of your case—even in case you go away Korea to get well alongside your loved ones again dwelling. At SLG, that is precisely what we do. However let’s be clear: you don’t have to decide on us, so long as you select somebody who will battle for you successfully.

Nervous about whether or not you actually have a case or in case you’ll simply be throwing away authorized charges? Begin with preliminary consultations. Whether or not free or paid, assembly with a number of attorneys could be invaluable. It permits you to gauge their sincerity, consider how clearly they clarify advanced authorized issues, and perceive how practical your probabilities of success actually are.

For extra steerage, listed here are useful sources on retaining a lawyer in Korea:

Can a Lawyer Change Your Life? – SLG Mounted Different Legislation Agency’s Deadly Errors