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"I got hurt at a company dinner. Can it count as a work injury?" Falling on the stairs or stumbling after drinking too much at a work dinner happens more often than you might think. Many people assume that since they were not actually working, it cannot be a work injury. That is not necessarily true. Under Korean law, a work-related injury (업무상 재해) is not limited to accidents that occur while performing duties inside the workplace.

[Contents]

1. Can an injury at a company dinner be a work injury?

2. Two key criteria for recognizing a work-related injury

3. When a second-round dinner accident was recognized vs. when it was not

4. How accidents during workshops and athletic events are assessed

5. Key points to organize when filing a work injury claim

1. Can an injury at a company dinner be a work injury?

The Industrial Accident Compensation Insurance Act (산업재해보상보험법) treats injuries, illnesses, disabilities, or deaths arising from work-related causes as "work-related injuries" eligible for compensation. Here, "work-related" is not confined to desk duties but covers activities carried out under the employer's control and management.

A company dinner may look like a private gathering, but it is often hosted by the company as an extension of work. So an accident during a dinner should not be ruled out from the start; the specific nature of the event must be examined.

2. Two key criteria for recognizing a work-related injury

When courts decide whether an injury at a dinner is a work injury, they focus on two main criteria.

(1) Was it under the employer's control and management?

Courts examine whether the dinner was held and controlled by the company. Whether the company organized it, whether the company bore the cost (e.g., payment by corporate card), and whether attendance was effectively mandatory or a customary business practice are all important factors.

(2) Did the accident occur in the natural course of the event?

Courts also examine whether the accident happened within the natural flow and route of the dinner. Whether it occurred while moving to the venue or changing locations as part of the usual process, or instead resulted from a personal deviation, can decide the outcome.

3. When a second-round dinner accident was recognized vs. when it was not

In a case where an employee fell down the stairs while moving from a year-end dinner to a second round (which continued to a bar), the court recognized even the second-round dinner as a work-related injury. The dinner costs had been paid with a corporate card, and the company had customarily held such dinners, which supported the finding that it was under the employer's control and management.

Conversely, even at a company dinner, where an employee voluntarily drank far beyond their usual capacity and then had an accident while traveling along an unusual route, the injury was not recognized. The court viewed the accident as arising from a personal act that departed from the natural course of the dinner.

4. How accidents during workshops and athletic events are assessed

Company workshops and athletic events are judged by the same standards. Where an employee was injured while preparing for an athletic event held with the head office's approval and financial support, the injury was recognized as work-related even though the event itself had not yet formally begun, because the event was under the company's control and management.

On the other hand, where something was a workshop in name only but was in substance a ski trip that employees joined voluntarily, the injury was not recognized, as the company's control and support were considered weak.

5. Key points to organize when filing a work injury claim

In short, the label "it was a company dinner" is not what matters. The following three points are key:

• Who organized the event

• Who bore the cost

• The circumstances in which the accident occurred

So if you are considering a work injury claim, it is important to document who hosted the dinner or event, how the costs were borne (such as corporate card payments), whether attendance was mandatory, and the circumstances and route at the time of the accident. Even for similar dinner-time accidents, the conclusion can differ greatly depending on these facts.

Whether an injury during a dinner or workshop is recognized as a work-related injury requires a careful, case-specific assessment. If you need help with a work injury claim or with responding to a denial decision, Cheongchul Law Firm will stand by you from start to finish.

This post is provided for general legal information purposes only and does not constitute legal advice on any specific matter. Because outcomes depend on the particular facts of each case, please consult an attorney.