Legal case: asbestos victim’s family victory in Korea
A court in a landmark ruling Tuesday ordered a company to pay compensation to the family of a worker who died from the aftereffects of exposure to asbestos. The ruling, Korea’s first to recognize the danger of asbestos and hold an employer liable, paving the way for similar suits. The Daegu district court ordered an asbestos producer to pay W133 million (US$1=W923) in damages to the family of the woman, who died last year of malignant mesothelioma, a form of cancer caused by asbestos dust.The judge found the company negligent of its duty of care for the employee. Although it was aware of the danger of the substance, it did not provide protective gear to staff, install a ventilation system or try to raise awareness of the dangers. However, the judge admitted the victim’s partial liability for failing to protect herself. The woman, named as Won, worked at the company in Busan for two years from 1976. Although she was not diagnosed with malignant mesothelioma until 2004, 26 years after she had left the company, she sued for W210 million in compensation.
The lawyer for the victim said it had been difficult to prove that Won’s disease was related to asbestos exposure, since asbestos-related diseases like malignant mesothelioma can develop after a latency period of 10-40 years. He said the ruling sets an important precedent for asbestos victims to receive compensation. “But asbestos affects not only the workers involved but also end-users and people who live near an asbestos plant,” he said. “The government should conduct an inquiry into the dangers of asbestos.” Few asbestos victims have so far received damages, and Won was the first whose illness was recognized as a work-related disease by the Korea Labor Welfare Corporation, adding malignant mesothelioma to a relatively short list.
According to an environmental activist group in Daegu, 46 people have died of asbestos-related diseases in the last seven years. Among residents near an asbestos factory in Busan, one was recently diagnosed with malignant mesothelioma. But the number of patients is expected to grow given the swift development of the asbestos industry since the 1960s and the long latency period of related diseases. Korea only implemented measures over asbestos in July this year. A basic survey of the damage is expected next year and a systematic inquiry in 2009.
News from: Digital Chosunibo in 5 December 2007