South Korea

Is an accident during commuting recognized as a work?

Art. 37(1)
Statute reference
Usual route
Key condition
No major neglig
Exclusion rule
24 months
Claim deadline
The Short Answer

Yes, an accident during commuting can be recognized as a work injury in South Korea if it occurs on the usual route and time between home and workplace, and is not caused by the worker’s major negligence.

What the Law Says

South Korean law recognizes certain commuting accidents as work injuries under the Industrial Accident Compensation Insurance Act, provided they meet specific statutory criteria.

Under the Industrial Accident Compensation Insurance Act, an injury sustained while commuting between home and the workplace may be treated as a work-related injury — but only if it occurs on the 'usual route and usual time' and is not attributable to the worker's 'major negligence.'

The law defines 'commuting' narrowly: it must be the regular, direct path taken daily for going to or returning from work. Detours for personal reasons (e.g., shopping, visiting friends) generally exclude coverage.

Importantly, the worker must file a claim within 24 months of the accident. Failure to do so forfeits the right to compensation unless exceptional circumstances apply.

Statutory Text

An industrial accident includes an injury, illness, disability or death sustained by a worker while commuting between his/her residence and workplace via the usual route and at the usual time, provided that such injury, illness, disability or death is not attributable to the worker’s major negligence.

Industrial Accident Compensation Insurance Act, Art. 37(1)

What to Do

1

Confirm the accident occurred on your usual commuting route and time.

2

Seek medical treatment immediately and retain all records (diagnosis, receipts, transport logs).

3

Report the incident to your employer within 24 hours.

4

File a claim with the Korea Workers’ Compensation and Welfare Service (KCOMWELFARE) within 24 months.

5

Submit supporting documents: employment verification, route map, witness statements (if any), and police or ambulance reports.

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.