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Subject   March 2018 - Explanation of the Guidelines on How to Handle Commuting Accidents
Explanation of the Guidelines on How to Handle Commuting Accidents
        
I. Background to Recognizing a Commuting Accident as Work-related

Although Industrial Accident Compensation Insurance (IACI) has not applied to accidents that occur while commuting in principle, accidents which occur during a commute using transportation provided by the employer or equivalent have been acknowledged as industrial accidents. Even if two similar accidents occur while commuting, the accident that occurred while using transportation provided by the employer was recognized as a work-related accident, while an accident which occurred while commuting on foot or using personal or public transportation was not so recognized. The Constitutional Court ruled that this application was unconstitutional and violated the principle of equality. The Court made a decision as non-constitutional for the related legal provision, stating that a legislative amendment was to be made by the end of 2017. Accordingly, the related provision was revised on September 28, 2017, and beginning January 1, 2018, accident insurance has been applied to accidents occurring during normal commutes.

II. Revisions of the IACI Act and Guidelines for Accidents Occurring during Commutes

1.        Related legal provisions
A. Industrial Accident Compensation Insurance Act: Article 37 (Standards for Recognition of Occupational Accidents)
(1) If a worker suffers any injury, disease, or disability or dies due to any of the following causes, it shall be deemed an occupational accident: Provided, that this shall not apply where there is no proximate causal relation between his/her duties and the accident:
1. Accident on duty: (Contents omitted)
2. Occupational disease: (Contents omitted)
3. Accident occurring during a commute:
(A) Accidents that occur while commuting to work under the control of the employer, such as using transportation provided by the employer or equivalent transportation;
(B) Accidents that occur while commuting to work in common routes and manners.
(2) No injury, disease, disability or death of a worker due to his/her intentional action, self-harm or other criminal act, or caused by such act shall be deemed an occupational accident. (The following omitted).
(3) If there is a deviation or interruption of the commuting route as per Subparagraph 3 (B) of Paragraph (1), the accident during the deviation or interruption and subsequent movement during the commute shall not be regarded as a work-related accident. However, if the deviation or interruption of the commuting route is an act necessary for daily life and there is a reason prescribed by Presidential Decree, it shall be deemed to be a work-related commuting accident.
B. Enforcement Decree of IACI Act: Article 35 (Accident during commuting)
(1) If an accident that occurred while a worker was commuting to work falls under all of the requirements of the following subparagraphs, it shall be deemed to be a commuting accident according to Article 37 (1) 3 of the Act.
1. An accident will have occurred while using the means of transportation provided by the employer for commuting or the means provided by the employer.
2. The management or use of the means of transportation used for commuting should not belong to exclusive workers.
(2) In the proviso of Article 37 (3) of the IACI Act, the term "the reason prescribed by Presidential Decree as an act necessary for daily life" means any of the following instances:
1. Buying necessary supplies for daily life;
2. Receiving education or training in accordance with Article 2 of the Higher Education Act or at vocational education and training institutions under Article 2 of the Vocational Education and Training Promotion Ac」 which can contribute to vocational ability development;
3. Exercising the right to vote;
4. Taking or bringing a child or disabled person under the care of an employee to a child care or educational institution;
5. Receiving medical treatment at a medical institution or public health center for the purpose of treating or preventing a disease;
6. Caring for a family member at a medical institution in a family that needs the worker's care;
7. Acts in accordance with the provisions of Items 1 to 6 which the Minister of Employment and Labor considers to be necessary for daily life, such as buying supplies necessary for daily life.

2. Guidelines for handling accidents which occur while commuting
(1) Basic concept of commuting: The term "commuting" refers to the movement between a residence and a place of employment or movement from one place of employment to another place of employment (Article 5 (8) of the IACI). An “accident occurring while commuting” is accepted as work-related if it occurs while traveling in relation to employment. That is, an accident occurring during the commute movement process is applicable, but not an accident which occurs while staying in a specific place on the route.
(2) Principles for recognizing work-related accidents for regular commuting: Accidents during commute are those that meet all of the following requirements, since the risks associated with normal commuting are specified:
① It must be a moving act that makes the "place of employment" such as a company, factory etc. and the "home" such as personal residence, etc. as a start or end point;
② It is assumed that the commuting activity is to be carried out before work begins or after the work is done;
③ It is assumed that commuting acts will be carried out according to "conventional routes and methods" in a social sense, and that there will be no "deviation or interruption".

III. Specific Criteria for Determining Commuting Accidents as Work-related
1. Residence
"Residence" refers to a base for providing labor or housing in which a worker practically resides. Therefore, all of the following instances are accepted as a residence:
① Sheltered residence: A place where a worker, alone or with a spouse, child, parent, or grandparent has lived or is expected to live for a considerable period of time.
② Non-lodging residence: When it is difficult to move daily considering the distance, time, and transportation difficulties between a residence and place of work, it becomes necessary to arrange for separate accommodation nearer the place of work and to commute to and from this place.
③ Temporary housing: Temporary accommodation for unavoidable reasons such as work, traffic disruption, natural disasters, etc.

2. Employment Relevance and Place of Employment
(1) Employment Relevance: In Article 5 (8) of the Act, the term "in relation to employment" refers to any act in which commuting is related to going to or coming home from work. In the event of an accident occurring beyond the normal commute time, it is necessary to check the facts such as the specific schedule before or after the work time and the distance between the residence and the workplace to judge whether the work is relevant or not. If a worker stops working after a considerable amount of time in the workplace (within approximately two hours) due to non-work reasons after the work day has finished, this is interpreted as having no employment relevance.
(2) Concept of place of employment: "Place of employment" is a place where workers provide labor, and it is a place where ordinary work is performed in accordance with labor contracts and employment rules, such as company and factory offices.

3. Usual commuting routes and methods
A "usual commuting route" means a route between residential and employment locations, or places of employment and places of employment, that can be utilized by ordinary people. Therefore, if an accident occurs outside the normal commuting route, it is not recognized as a commuting accident. "Usual commuting method" means the use of transportation in a rational way as recognized by socially-acce

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