“Koreans work 20 days a month” Supreme Court lowers the standard number of days for compensation

How many days do you work per month?

If you have to take time off from work due to a traffic accident or industrial accident, you will receive compensation based on the monthly income of a city daily worker, and the number of working days becomes an important criterion in that case.

Until now, I calculated that I worked 22 days a month, but the Supreme Court reduced it to 20 days after 21 years.

This reflects the reality that the five-day workweek has been established and the number of public holidays has increased.

Reporter Sang-moon Yoon reports.

◀ Report ▶

In 2014, two workers dismantling a bathroom chimney in Changwon, Gyeongsangnam-do fell from a crane, killing one and seriously injuring the other.

A lawsuit between the Korea Workers’ Compensation and Welfare Service and the crane insurance company over damages.

The amount of ‘lost income’ to be compensated became an issue.

To calculate income, how much you could have earned if you had not been injured and worked. Daily workers, unemployed people, and housewives calculate the amount by multiplying the daily wage of daily workers by the average number of working days per month.

The second trial court calculated the amount of compensation based on the calculations made so far, assuming that they worked 22 days a month.

However, the Supreme Court proposed a new standard, saying, “Lower the average number of working days per month to 20 days.”

The five-day week system has been implemented since 2011, and the number of public holidays such as substitute holidays has also increased.

[김정훈/대법원 공보연구관]
″Compared to the past, working and living conditions have changed a lot, and the content of statistical data has also changed… ″

The standard for the number of working days per month continues to be lowered.

It was lowered from 25 days per month in 1992 to 22 days per month, and after 21 years, the standard for our workers to work 20 days per month has now been established.

The labor community also pointed out that the reality of daily workers being called in even on weekends and public holidays was not properly reflected.

[최종연/변호사]
″In fact, there are many cases where (daily workers) work on urgent construction projects even on weekends, but the Supreme Court vaguely acknowledged a reduction in working hours based only on changes in society as a whole… ″

The Supreme Court explained that actual damages incurred must be calculated and that it has consistently reflected reality, such as by raising the working age from 60 to 65.

This standard is applied to calculating damages for industrial accidents, traffic accidents, and medical accidents, and the Korea Workers’ Compensation and Welfare Service’s own standards are expected to be affected as well.

This is Sang-Moon Yoon from MBC News.

Video reporting: Jiyoon Son / Video editing: Jinwoo Kim