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Industrial accident compensation (South Korea)

⚖️ Law By CampusDown Wiki Editorial Team Last updated
In South Korea, an industrial accident is a work-related injury, illness, or death. Workers' compensation insurance covers medical costs and lost wages, regardless of whether the employer was at fault.
Contents
  1. 1. History
  2. 2. What qualifies and what's paid
  3. 3. Filing a claim
  4. 4. FAQ
  5. 5. References

History

As factory accidents mounted during the Industrial Revolution, Bismarck's Germany created the world's first workers' compensation insurance in 1884. South Korea passed its Industrial Accident Compensation Insurance Act in 1963 and applied it in 1964 to mines and factories with 500+ workers. It was the country's first social insurance. Coverage grew to every workplace with at least one employee by 2000, and commuting accidents were added in 2018. Korea's work fatality rate stayed among the highest in the OECD, so the 2021 Serious Accidents Punishment Act made executives criminally liable. Heinrich's law, which treats near-misses as precursors of major accidents, remains a basic principle of workplace safety.

What qualifies and what's paid

A work-related injury needs a substantial causal link to the job. Covered cases include on-the-job accidents and accidents at employer-run events such as company dinners. Overwork-related heart and brain conditions, repetitive-strain disorders, and mental illness caused by workplace harassment are also covered. Compensation is no-fault: the employer's negligence doesn't matter. Benefits cover medical care, 70% of average wages while off work, disability, nursing care, survivors' pensions, and funeral costs.

Filing a claim

Workers can file directly with COMWEL, and the employer's confirmation isn't required. Some employers push an informal private settlement instead. That can leave you uncovered if complications appear later, so a formal claim is often better. Dismissal is banned during treatment and for 30 days afterward, and violating this counts as unfair dismissal. A rejected claim can be appealed within 90 days.

FAQ

What if my employer refuses to file?
You can file directly with COMWEL without the employer's consent.
Are commuting accidents covered?
Yes, since 2018, accidents on a normal commuting route and method are covered.

Sources reviewed: 2026-10-26

References

  1. 산업재해보상보험법(1963년 제정) 제5조, 제37조.
  2. 중대재해 처벌 등에 관한 법률(2021년 제정, 2022년 시행).
  3. 고용노동부. (2025). 「산업재해 현황 분석」.

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This article was last updated on October 26, 2026. It is based on widely recognized original works and textbooks; when citing it in a paper, please check the original sources listed in the references.