This article was published on the ChosunBiz RM Report site at 5:46 p.m. on Aug. 6, 2026.
As record-breaking heat continues, deaths suspected to be from heat-related illness have occurred for four straight days. Attention is also on how far the legal liability of a company or on-site manager is recognized when a worker dies of a heat-related illness at an industrial site.
Courts do not recognize company liability solely because a heat wave advisory has been issued. They assess civil and criminal liability by considering whether work hours were adjusted, whether a place where workers could actually rest and water and cooling equipment were provided, and whether work was halted and first aid was administered when abnormal symptoms appeared.
According to the Ministry of the Interior and Safety on the 7th, as of the 4th, 2,441 patients and 21 presumed deaths were reported to the Korea Disease Control and Prevention Agency's heat illness emergency department surveillance system. On the 4th alone, 198 people with heat-related illness visited about 500 emergency rooms nationwide, and one of them died.
◇ Five hours of outdoor work under a heat wave warning… 30% company liability recognized
The Uijeongbu District Court in April overturned the first-instance ruling and partially ruled in favor of the bereaved family in an appeal filed against a company by the family of a worker who died while working outdoors in midsummer. The ruling orders the company to pay 85 million won to the family.
On July 30, 2022, the victim conducted on-site survey work to check the condition of trees for about five hours from 7 a.m. on a hillside in Yeoncheon County, Gyeonggi. After finishing the work, the victim was found in cardiac arrest and was taken to a hospital but died. On the day of the accident, a heat wave warning was in effect for Yeoncheon County and the daytime high was 35.6 degrees Celsius.
The court found that although there was some tree shade at the worksite, it was not sufficient to block sunlight enough to prevent heat stroke. It held that the company should have implemented additional protective measures such as providing cooling vests but did not.
However, considering that the victim showed symptoms of chronic alcoholism and had preexisting heart and kidney disease, the court recognized only 30% company liability.
Yang Sung-soon, managing attorney at the law firm Ichae, said, "If a company fails to fulfill its duty of care for safety under the labor contract or its duty to take safety and health measures under the Occupational Safety and Health Act, it can be liable for damages," adding, "It is important whether sufficient break time was given and whether a rest area to avoid sunlight and water and cooling equipment were provided."
Yang also noted, "The company's liability is not negated solely because the worker had a preexisting condition," and explained, "Underlying conditions can work to reduce the company's share of liability."
◇ With cooling facilities in place and actual rest taken… company not liable
Conversely, if heat wave prevention measures are substantively implemented, company liability may not be recognized.
In Aug. 2023, the Incheon District Court did not find the company liable in the first-instance damages suit filed by the family of a day laborer who died while moving paving blocks.
On the morning of July 5, 2022, when a heat advisory was in effect, the victim showed symptoms of heat stroke while carrying paving blocks at a landscaping construction site in Ganghwa County, Incheon, and died two days later.
The court found that the work was carried out only in the morning, that the workplace had an air conditioner, a refrigerator, and bottled water, and that workers actually took breaks there. Based on this, it determined it was difficult to say the company neglected its duty of protection as an employer.
◇ Failure to provide rest and shade can bring criminal liability
If a worker dies because heat wave prevention measures were not taken, the site manager and the company's CEO can face criminal liability in addition to civil damages.
In June last year, the Daejeon District Court gave suspended prison sentences to a site manager and a CEO indicted on charges of causing a worker's death from heat stroke at a construction site.
On July 4, 2022, when a heat wave warning was in effect, the work was carried out on a building rooftop without a roof or shade. The court found that the site manager failed to provide appropriate break times, shaded areas, salt, and drinks, and recognized violations of the Occupational Safety and Health Act and the charge of occupational negligence causing death.
For the CEO, the court also recognized a violation of the Serious Accidents Punishment Act, saying the company failed to establish an adequate safety and health management system at the corporate level, such as by securing personnel and a budget for accident prevention.
Shin Hana, an attorney at the law firm Deoksu, said, "Courts look at whether the employer could have known the risks in advance and whether substantive measures were taken on site," adding, "It also matters whether work was stopped immediately and 119 was called when a worker showed abnormal symptoms such as dizziness."
◇ At a perceived temperature over 33 degrees, 20-minute breaks… "Keep on-site work records"
The current Occupational Safety and Health Act requires employers to take necessary safety and health measures to prevent workers' accidents and illnesses. Specific obligations for responding to heat waves are set out in the Ministry of Employment and Labor (MOEL) ordinance, the Rules on Occupational Safety and Health Standards, and the heat wave provisions were newly established in July 2025 and are now in effect.
Under these rules, "heat wave work" means working for an extended period in a place where the perceived temperature is 31 degrees or higher. In accordance with the rules, employers must install cooling and ventilation equipment in workplaces or take measures such as shifting work hours to avoid the midday heat.
If the perceived temperature is 33 degrees or higher, workers must be given at least a 20-minute break every two hours. If it is very difficult to provide break time, employers must provide personal cooling or ventilation equipment.
Attorney Yun Sung-hyun of YulChon said, "Whether legal break times and cooling and ventilation measures are properly implemented on site must be continuously checked," adding, "It is also necessary to keep specific records of temperatures and humidity by work location, each worker's work and rest times, rest locations, and details of cooling equipment provided."