By Park Si-soo
A court acknowledged Thursday the correlation between the occurrence of leukemia in two former Samsung Electronics workers and their exposure to toxic chemicals used at the company’s semiconductor assembly lines.
The court overturned the decision of a state labor welfare institute that had ruled out their deaths as workplace-related, and ordered it to compensate their family members.
This ruling has dealt a blow to the world’s largest chipmaker that has insisted its manufacturing process is free from toxic materials.
“It seems that Hwang Yu-mi and Lee Sook-young came down with leukemia as a result of consistent exposure to toxic chemicals at the workplace without proper protection measures,” said Judge Jin Chang-soo at the Seoul Administrative Court in the ruling. “No exact cause of leukemia has been found. But we won’t rule out the possibility that those who are exposed to toxic chemicals consistently may acquire the disease.”
The judge said the verdict was based on multiple scientific inspections and studies by experts.
Both Hwang and Lee were semiconductor assembly line workers at Samsung Electronics’ factory in Giheung, Gyeonggi Province, when they were diagnosed with leukemia in 2005 and 2006, respectively. Hwang died in March 2007 and Lee in August 2006.
The judge rejected the same claim raised by three other plaintiffs ㅡ the wife of a deceased worker and two leukemia-suffering former Samsung workers ㅡ citing a lack of evidence.
The ruling came nearly one year and five months after the five plaintiffs filed a suit against the Korea Workers' Compensation and Welfare Service. They claimed their spouses and children began to suffer blood cancer after having been exposed to toxic chemicals at worksites in Giheung and Onyang, South Chungcheong Province.
However, the institute refused to compensate them, citing its own inspection report that found no leukemia-inducing substances, such as benzene, at the worksites.
The U.S. Department of Health and Human Services classifies benzene as a carcinogen. Long-term exposure to excessive levels of air-borne benzene can cause leukemia, a potentially fatal cancer, it says.
Following the ruling, Hwang Sang-ki, the father of the late Hwang, urged Samsung to tell the truth.
“Samsung still insists its assembly lines are free from toxic chemicals. But it was proven by the court that it is a lie,” Hwang told reporters. “Samsung should allow its employees to establish a labor union and give it the right to monitor workplace environments.” No labor union exists in Samsung in accordance with its management policy.
Even though he won in the case, the elder Hwang was still doubtful about the inspection results and their credibility.
“The inspection was conducted unfairly,” he claimed. “It was done after Samsung upgraded its assembly lines. Also, only staffers from Samsung and the Korea Occupational Safety and Health Agency were allowed to participate in the inspection. We were excluded from inspection members.”
In April last year, Samsung opened its assembly line in Giheung to Korean and foreign reporters in a move to assert what it called a “poison-free” working environment.
Hwang hinted that similar suits could follow.
“There are 130 former Samsung workers suffering leukemia. Of them 47 have died,” he said. He lashed out at Samsung for its refusal to make public part of the inspection results, which it says includes business secrets.
Holding up a placard that read, “Another victim?” Hwang said “I will fight until the court acknowledges the other three unacknowledged victims.” The three will appeal.