A South Korean court ordered a company to compensate a migrant worker for lost earnings after a factory accident, in a ruling that recognized lost income based on the period during which the worker could legally remain and work in Korea, the state-run Korea Legal Aid Corp. said Wednesday.
According to the KLAC, the worker, a Pakistani national, was employed on a production line at a company that manufactures industrial protective tape. In January 2019, his left hand was caught in a roller during work, causing fractures and other injuries.
The worker received about 40 million won ($27,000) in benefits, including compensation for leave from work and disability benefits, from the Korea Workers’ Compensation and Welfare Service.
But he later sought damages through the KLAC, arguing that he had suffered additional economic losses due to a prolonged loss of working capacity.
During the trial, the company denied responsibility, arguing it had instructed workers to remove their gloves while operating the roller and that the accident occurred because the worker had failed to follow those instructions.
The KLAC, however, argued that the company had failed to provide sufficiently specific safety training on precautions for operating the machinery, and that its safety management records contained no guidance related to not wearing gloves.
The Changwon District Court in South Gyeongsang Province accepted the KLAC’s argument, ruling that the company had violated its duty of protection and duty of care for workplace safety. The court ordered it to pay the worker 22.34 million won in consolation money and lost earnings.
The company later appealed the ruling, maintaining that the worker was responsible for the accident.
Hwang Cheol-hwan, a lawyer at the KLAC who handled the case, said the ruling reaffirmed employers’ duty to take safety measures in industrial settings.
“It can be seen as a case that once again emphasized employers’ responsibility to protect workers’ lives and physical safety,” Hwang said.
minsikyoon@heraldcorp.com
