Driver with pneumonia due compensation

An administrative court in Seoul recently ruled that a man who developed pneumonia 10 months after working as a cram school bus driver was eligible for state compensation for a work-related illness.

Seoul Administrative Court ruled partially in favor of the man, 78, identified only by his surname Park, who sued the Korea Workers’ Compensation and Welfare Service (KOMWEL) after the labor ministry-supervised organization had earlier rejected his request.

The court recognized a causal link between his respiratory disease and his work, citing possible exposure to the virus while in an enclosed environment.

“Pneumonia is an infection in one or both lungs which can be caused by bacteria and viruses,” the court ruling said.

“The court cannot rule out the possibility that he became infected while coming into contact with various people in a closed setting for an extended period.”

Park sought legal redress soon after he lost consciousness on a stairway near his home in May 2016, less than a year after he began working as a driver for at least six hours a day on weekdays and eight hours on Saturdays.

Park was not allowed any breaks.

Park filed for state compensation after he was diagnosed with pneumonia, acute respiratory distress syndrome and high blood pressure, claiming that stress and overwork caused the ailment, a claim denied by KOMWEL, which refused to recognize him as a worker under the Labor Law.

The court said Park was under the supervision of a cram school official and was paid a fixed wage regularly thereby qualifying him as a worker.

However, the court said it was unclear whether he developed high blood pressure due to the work, citing lack of evidence.