奈良県御所市のトンネルで車２台が正面衝突、1人が死亡

A delivery truck driver who died from heatstroke while working with a partner in a 2-for-1 delivery contract has been deemed eligible for protection under industrial disaster provisions, according to a recent court decision. The Seoul Administrative Court's Administrative District 3 Division ruled that the deceased driver, identified as ㄱ씨, was entitled to a reversal of the decision by the Labor Welfare Unification Office to deny payments for funeral expenses and medical care. ㄱ씨's family had filed a claim with the Labor Welfare Unification Office, arguing that he was not a regular employee or a subcontractor under the Labor Standards Act and therefore should not be entitled to benefits.

The family appealed the decision, and the court agreed, stating that ㄱ씨 qualified as a "freight service worker" under the Freight Service Act, eligible for protection as an industrial disaster victim. The court reasoned that while ㄴ씨, who entered into the business contract with the carrier, was the party identified in the contract, ㄱ씨 had been designated as an equal partner in the freight contract from the beginning and had been aware of the arrangement.

The court also considered that ㄱ씨 had received the same pre-deployment training as ㄴ씨 and had been responsible for the key task of unloading cargo during the delivery process. The court dismissed the Labor Welfare Unification Office's argument that ㄱ씨 could not be considered a freight worker because he did not have a freight vehicle transportation permit.

The court ruled that the protection provided by the Industrial Disaster Protection Act was necessary to safeguard workers engaged in non-standard employment arrangements, even if they did not meet the criteria for regular employment under the Labor Standards Act.