By Lee Hyo-sik
Staff reporter
If an American English teacher died in a traffic accident here, would the compensation be based on his or her future income here or in their home country? The nation's high court ruled Tuesday that it is in the United States.
The Seoul High Court ordered Samsung Fire & Marine Insurance to pay 869 million won in damages to the teacher's family, saying the payment should be calculated based on his projected earnings as a school teacher in the U.S., even though he was working here at the time of the death.
"The teacher was single and maintained a legal residency in the U.S. state of Maryland. All his family and relatives also live in his home country. Given these factors, it's reasonable to think that he would have returned to the U.S. once his teaching contract here expired," the court said. "He had previously taught English in Thailand and returned to the U.S. Even though we cannot rule out a possibility that he might have stayed in Korea, it is highly likely that he would have gone back to his home country and pursued a career there."
The English teacher, who had a masters degree in education, was riding a motorcycle in December 2007 when he was hit by a bus that crossed a three-way intersection, running a red light, in southern Seoul. His teaching contract expired in July the following year.
Samsung had initially calculated the amount of compensation by taking the average wage of a domestic salaried worker in urban areas into account, saying it was difficult to conclude that he would have returned to the U.S. once his contract here had expired.
But to protest Samsung's decision, his sister filed a suit against the insurance firm, arguing the bereaved family should be awarded based on his projected income as a school teacher in the U.S.
Earlier, the lower court had ruled that Samsung must pay the teacher's family 990 million won in compensation. But the firm appealed to the high court.