Supreme Court strikes down determination to not acknowledge employee’s dying as industrial catastrophe

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The Supreme Court on Tuesday struck down a decrease courtroom’s determination to not acknowledge the dying of a former Samsung Electronics employee from a mind tumor as an industrial catastrophe.

The high courtroom despatched the case again to the Seoul High Court, elevating the prospect that the late former Samsung employee, Lee Yun-jeong, might be acknowledged as an industrial catastrophe sufferer.

Lee died in 2012 on the age of 32. She was recognized with a malignant mind tumor in 2010 after having labored at a Samsung semiconductor plant in central South Korea from 1997 to 2003.

“If the likelihood of developing a brain tumor at semiconductor workplaces like the one in this case is significantly higher compared with the average likelihood of developing the disease among all Koreans or among those in the age brackets similar to the deceased, it can work as a factor contributing to recognizing the causal relationship between the work and the disease,” the courtroom mentioned.

(Yonhap)

“It cannot be concluded that there is no link between the work and the brain tumor just because the deceased was diagnosed with brain cancer seven years after leaving the company,” it mentioned.

Lee filed the go well with in 2011 after the Korean Workers’ Compensation & Welfare Service, a authorities company that compensates industrial catastrophe victims, refused to cowl her medical remedy, saying there was no hyperlink between her sickness and the work carried out on the manufacturing facility.

After her dying a yr later, her household took over as plaintiffs.

In the primary trial, the Seoul Administrative Court dominated in favor of Lee, saying she developed the illness after extended publicity to dangerous substances corresponding to benzene, lead, formaldehyde and intensely low frequency magnetic fields.

It marked the primary time a mind tumor was acknowledged as a work-related illness at a semiconductor plant.

But the Seoul High Court overturned the decision, saying that there was no foundation to consider that stress and overwork prompted the mind most cancers and that it is tough to acknowledge the causal relationship between work and the illness in gentle of the truth that she was recognized with the illness seven years after leaving work. (Yonhap)



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