Remote Work-Related Industrial Accidents in Korea: Find a Game Changer
On December 9, 2024—barely a week ago—the Korean court ruled against an employee who claimed a brain hemorrhage during late-night remote work. Despite presenting email records and a remote work confirmation letter from his employer, the court deemed the evidence insufficient to prove he had been continuously working. The employee argued that his overtime hours leading up to the incident exceeded regular work hours by 30%, meeting the “short-term overwork” threshold defined by Korea’s Ministry of Employment and Labor (고용노동부). He also claimed high stress due to his role managing court mediation and company restructuring. However, these arguments fell flat in the absence of tangible evidence.
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SLG Secured 80,128,120 KRW Compensation for Our Client
This case echoes that of our client, Ahmed. Yet unlike the man in the news above, Ahmed successfully secured compensation of 328,021,190 KRW in the first trial alone. Additionally, in the second trial, we succeeded in having Ahmed’s disability grade (장해등급) revised upward from Grade 7 to Grade 5. While a Grade 7 pension provided monthly payments of 1,305,361 KRW, the Grade 5 pension increased this to 1,878,350 KRW—an additional 572,989 KRW per month. Assuming a 4% annual inflation rate, this difference translates to approximately 204,750,138 KRW over the next 20 years.
Ironically, Ahmed’s situation appeared even more challenging on paper. He received no remote work confirmation due to a strained relationship with his employer, and the company’s official time records showed an average of 41 weekly hours in the three months before his collapse—only 30 hours in the final week. His case was further complicated by a five-year history of untreated hypertension and severe obesity. As a research professional, he didn’t even have the email trails that typically help prove remote work hours.
So, how did SLG turn the tables and achieve victory? It came down to two strategic breakthroughs: critical witnesses and a skillfully prepared medical opinion review.
The Witness: Turning Intangibles into Proof
Our primary documentable proof was laptop login records between 10 PM and 6 AM. Faced with a lack of hard evidence, we focused on witnesses. The witnesses described Ahmed’s work environment as inherently stressful and performance-driven, marked by frequent public reprimands, and set in a workplace culture where overtime was the norm. It was not just common-it was expected. This testimony dismantled the employer’s time records, which failed to reflect the “invisible overtime”.
Were these witnesses a lucky find? Not quite. SLG proactively sought former colleagues who:
- Had genuine empathy for Ahmed’s situation,
- Understood the company’s internal dynamics, and
- Were free from concerns about retaliation, having already left the company.
However, favorable witnesses do not always mean favorable testimonies. Non-experts often can’t distinguish between what’s legally helpful or harmful – there’s a vast gulf between common sense and legal reasoning. At SLG, we bridged this gap by helping witnesses understand the weight of their words—without overstepping ethical boundaries. Their testimony was freely given, rooted in truth, and ultimately decisive.
Reframing the Medical Narrative
Second, we submitted a carefully crafted request for medical records evaluation. Medical findings alone are raw data—they require expert interpretation to reveal their full significance. Paired with an expert’s opinion, these findings can transform into a compelling narrative. By analyzing years of overwork injury cases, we identified crucial patterns and emerging medical research that aligned perfectly with Ahmed’s condition. Every question posed to the medical examiner was like a puzzle piece, each answer designed to complete a persuasive picture of Ahmed’s case. Notably, SLG’s industrial accident specialist advisor has a track record of victories so impactful that it has even shaped government policy.
Remote Work and Industrial Accident Recognition
It’s no secret that knowledge workers in Korea face far greater hurdles in getting industrial accidents recognized compared to manual laborers. Proving overwork is an even tougher battle, especially when official time records fall well below legal working hour thresholds.
That said, what may seem like an impossible victory is not beyond reach. With remote work becoming increasingly commonplace, courts have begun recognizing accidents that occur during remote work—provided they are directly tied to work duties. Examples include: slipping while getting water, falling during a smoke break, being involved in a car accident while stepping out for lunch, or even tripping in the restroom during work hours.
A Critical Note for Foreign Workers in Korea
If you’re a foreign worker in Korea, facing a similar situation, do not assess your case through a non-expert lens. Speak to a professional. Once you retain a lawyer, they can handle every aspect of your case—even if you leave Korea to recover alongside your family back home. At SLG, this is exactly what we do. But let’s be clear: you don’t have to choose us, as long as you choose someone who will fight for you effectively.
Worried about whether you even have a case or if you’ll just be throwing away legal fees? Start with preliminary consultations. Whether free or paid, meeting with multiple attorneys can be invaluable. It allows you to gauge their sincerity, evaluate how clearly they explain complex legal matters, and understand how realistic your chances of success truly are.
For more guidance, here are helpful resources on retaining a lawyer in Korea:
Can a Lawyer Change Your Life? – SLG Fixed Other Law Firm’s Fatal Mistakes
CRUCIAL! | Why should you hire an English-Speaking Lawyer in Korea