SEOUL, South Korea – Overturning an appeals court docket’s choice, South Korea’s Supreme Court stated Tuesday the household of a Samsung employee who died of a mind tumor must be eligible for state compensation for occupational illness.

The ruling on Lee Yoon-jung, who was identified with mind tumor at 30 and died two years later, displays a shift within the dealing with of such circumstances in South Korea.

Workers used to have the onus of proving the reason for a illness ensuing from their work. But after years of campaigning by labor advocates to lift consciousness concerning the obstacles employees face in getting details about chemical substances utilized in manufacturing, courts generally have begun to rule in favor of employees.

Lee labored at a Samsung chip manufacturing facility for six years from 1997 to 2003 however there was no report accessible of the degrees of chemical substances she was uncovered to whereas working there.

An appeals court docket denied the declare filed by Lee, based mostly on authorities investigations into the manufacturing facility performed after she left the corporate. The investigations reported the employees’ publicity to some toxins, similar to benzene, formaldehyde and lead, had been decrease than most permissible limits. They didn’t measure publicity ranges of different chemical substances or examine their well being dangers.

In the newest ruling, the Supreme Court stated such limitations in authorities investigations shouldn’t be held in opposition to a employee with a uncommon illness whose trigger is unknown.

The case filed by Lee’s household is the second time this 12 months South Korea’s highest court docket has dominated in favor of a employee. In August, the Supreme Court struck down a decrease court docket’s ruling that denied compensation to a former Samsung LCD manufacturing facility employee with a number of sclerosis.

The government-run Korea Workers’ Compensation & Welfare Service, the defendant within the case, didn’t reply to requests for remark.

Lim Ja-woon, the lawyer representing Lee, stated that mind tumors are the second-most frequent illness amongst former Samsung employees after leukemia, among the many identified circumstances. He stated 27 Samsung Electronics employees have been identified with mind tumors, together with eight individuals who labored on the similar manufacturing facility as Lee.

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