|▲ Archive photo by Jeong Ki-hoon/The Labor Today|
A labor supply team head surnamed Jin(55 years old) who was injured by the tower crane accident at the shipyard of Samsung Heavy Industries in Geoje, South Gyeongsang Province on May 1 last year was recognized as a victim of the work-related accidents. The application for the endorsement of a work-related accident that he had submitted was rejected by the Korea Workers' Compensation and Welfare Service(KCOMWEL), citing "a labor supply team head is an employer,[not a worker]". However, the decision made by the KCOMWEL was overturned by the Industrial Accident Compensation Insurance Reexamination Committee which recognized "Jin being a shipyard labor supply team head is a worker defined in the Labor Standards Act."
The reexamination decision was belatedly confirmed only on October 24 that the Industrial Accident Compensation Insurance Reexamination Committee recognized a labor supply team head, who is leading a group of temporary placement workers moving to any shipyards where labor supply is demanded, as a worker and accordingly his injury caused by an accident at the shipyard has to be compensated for being a work-related accident.
Jin made an application for the benefits of the industrial accidents in June last year, but the request was rejected by the KCOMWEL Tongyoung Local Office for the reason that "He is the head of Daeji Plant(a labor supply team) which hires workers and pays them wages." Jin made a request for a reexamination of his case, and the Industrial Accident Compensation Insurance Reexamination Committee on August 9 made a decision recognizing that Jin is a worker defined in the Labor Standards Act and approved his request for medical care benefits.
The term "worker" in the Labor Standards Act means a person who offers work to a business or workplace to earn wages, regardless of kinds of jobs the person is engaged in. Although Jin apparently seems to be an employer who received a painting project from Seongji Industry, a subcontracting firm in the shipbuilding industry, the Reexamination Committee took a position that he offered his work for wages as he exclusively worked for the painting project of Seongji Industry and managed temporary placement workers for the painting project.
reported by Lee Eun-young
translated by Kim Sung-jin
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