SHARPS law suit prsentation by Dr. Jeong-ok Kong

1. November 2011
Lawsuit of Samsung Cancer Victims
Jeong-Ok Kong(孔政玉), Korea Institute of Labor Safety & Health
Supporters for Health And Right of People in Semiconductor Industry

2. Collected cases of Occupational Dz. In
Electronics Industry (Nov. 2011)
Samsung Electronics
Total
Semi- Mobile Sub-
LCD etc.
conductor phone total
No.of Total 79 16 3 9 107 149
Victims Cancer 63 10 2 6 81 114
No.of Total 27 7 2 5 41 59
Deaths Cancer 23 6 1 5 35 53

3. The First Voice & Resonance

4. Workers Compensation System in Korea
Governmen
t
政府
Collection Payment
Employer Workers
事業主 勞動者
無過失責任主義 相當因果關係
Responsibility ‘more likely than not’
even with no fault

5. Workers Compensation System in Korea
MOL
雇傭勞動部
KCOMWEL OSHRI in KOSHA
勤勞福祉公團 産業安全保健硏究院
徵收/補償 豫防/硏究
Collection/Payment Prevention/Research
因果關係 調査
Investigation on Causal Relationship

6. Workers Compensation System in Korea
Local KCOMWEL
勤勞福祉公團 支社
審査 請求
HQ. KCOMWEL
勤勞福祉公團 本部
再審査 請求
MOL
雇傭勞動部
行政訴訟
Administrative Court
行政法院

7. Cancer Cases of Samsung Semiconductor
 Jun 2007, Hwang Yumi, demand
workers‘ compensation(KCOMWEL)
 OSHRI in KOSHA, investigation on working environment
 decided to delay conclusion after epidemiologic study of
blood cancer in semiconductor industry
 Apr 2008, +Five other leukemia workers
 Lee Sookyoung, Leukemia, Female, Giheung factory
 Hwang Minwoong, Leukemia, Male, Giheung factory
 Park Jiyeon, Leukemia, Female, Onyang factory
 Kim Okyee, Leukemia, Female, Onyang factory
 Song Changho, Lymphoma, Male, Onyang factory

8. Hwang Yumi Hwang Minwoong Lee Sookyoung
Park Jiyeon Kim Okyee Song Changho
(Kim Eungyoung)

9. Cancer Cases of Samsung Semiconductor
 Dec 2008, Result of OSHRI epidemiologic study
 NHL(Non-Hodgkin’s lymphoma)
 Female* SMR 2.06, SPR 2.67
 Female(FAB)* SMR 2.66, SPR 5.16
 Male SMR 0.62, SPR 0.77
 Leukemia
 Female SMR 1.48, SPR 1.31
 Male SMR 0.36, SPR 0.87
“Risk of Leukemia was not statistically
significantly elevated in semiconductor workers”
- OSHRI

10. Cancer Cases of Samsung Semiconductor
“Scientific study revealed that there is no
relationship between leukemia and Samsung” -
Samsung

11. Cancer Cases of Samsung Semiconductor
 May 2009, KCOMWEL's Decision not to
compensate
 Appeal Process & Preparation of Administrative lawsuit
 Jan 2010, Lawsuit
 Mar 2010, Death of Park Jiyeon
 Giving up the lawsuit
 Jun 2011, Court Decision
 Recognize work-relatedness of 2 Females of Leukemia in
Giheung factory

12. Seoul Administrative Court Division 14 Ruling
 Plaintiffs
 1. Sanggi Hwang, 2. Seonwon Lee, 3. Aejeong Jeong,
4. Eungyeong Kim, 5. Changho Song
 Defendant
 Korea Workers’ Compensation and Welfare Service
(President, Shin Young-Chul)
 Defendant Joined Participant
 Samsung Electronics Co. Ltd. (Chief Executive
Officer, Ji-Sung Choice)

13. Work Station at Bay 3 of Line 3 in Giheung factory

14. Judgment on the case of Hwang Yu-mi
 While a proximate causal relation between work
and disease is necessary... the claimant bears the
burden of proof...
 Each employee’s specific health and physical
conditions, rather than that of the average
person, need to be considered…
 Demonstrating a causal relation does not
necessarily require medical or scientific reasoning.
A proximate causal relation can be inferred from
the employee’s health condition at the time of
employment, the cause of disease, the existence of
substances known to cause illness in the work
place, and the period of employment...

15. Judgment on the case of Hwang Yu-mi
 Even if the development process of the late
Yumi Hwang’s acute myeloid leukemia has not
been medically identified, it can still be inferred
that her exposure to various toxic chemicals
during her work in the Giheung plant Line 3
induced or at least accelerated the development
of her disease; thus, a proximate causal
relation seems considerable.

16. Judgment on the case of Hwang Yu-mi
① While modern medical science does not
accurately determine leukemia’s risk factors,
ionizing radiation and certain chemicals such
as benzene, 1,3-butadiene, ethylene oxide are
known to cause leukemia. TCE and
formaldehyde are also reported as risk factors
of leukemia.
Also the possibility of developing leukemia
when exposed to toxic chemicals cannot be
completely excluded even if it is without
medical or scientific proof since it may be due
to uninvestigated factors.

17. Judgment on the case of Hwang Yu-mi
② the company used dozens of chemicals in the line3
of the Giheung plant. The diffusion process
includes the usage of HCl and phosphorous
oxychloride. Cleansing in the wet etching process
requires the use of acetone, isopropyl alcohol, ACT-
CMI, methyl chloride, TCE, various thinner,
hydrogen peroxide, sulfuric acid, nitric acid,
hydrofluoric acid, hydrogen chloride, phosphoric
acid, acetic acid.
These chemicals are irritants to the eye, skin, and
respiratory system. Among the above chemicals
ACT-CMI, TCE, and sulfuric acid have been
designated as carcinogens. TCE is suspected as a
tumor initiator for cancers in the lymph
hematopoietic system.

18. Judgment on the case of Hwang Yu-mi
③ Giheung plant line 5 and line 3 have similar
working conditions [ investigation by Seoul Nat’l
Univ.]… uses 99 kinds of chemicals in line 5.
Among them, 13 kinds are used in the diffusion
process and 10 kinds in the cleansing process.
A small portion of hydrogen chloride was also
measured in the process[possibility of exposure]
Arsine and sulfuric acid are designated carcinogens
and phosphine is known to cause leukopenia and
anemia. Benzene and 2-methoxyethanol[known risk
factor of leukemia & bone marrow toxin] were
detected in the photoresist used in the preceeding
process. The worker seems to have used an
unknown chemical product on the ‘decap’ process.

19. Judgment on the case of Hwang Yu-mi
④ The result above shows that the toxic chemicals
may not have been exhausted perfectly, albeit the
ventilation system, the sealing of every facility and
the installations of local ventilation systems within
facilities… seems to have been exposed to a higher
degree of toxic chemicals as she worked on a
manual facility.
Also she may have been exposed from toxic
chemicals emitted from other bays within the same
line as each bay in Line 3 had open forms without
doors that did not prevent air from traveling around
through the ventilation system.

20. Judgment on the case of Hwang Yu-mi
⑤ Although the level of exposure was below the
threshold limit, the late Yumi Hwang seems to have
been continuously exposed to the above toxic
chemicals as she was required to work under
similar circumstances for long hours.
Considering that Giheung plant’s Line3 had the
oldest facility, the late Yumi Hwang seems to have
been exposed to a higher level of toxic chemicals
than measured by the participant company.

21. Judgment on the case of Hwang Yu-mi
⑥ Study shows leukemia develops 5 to 6 years after
overexposure to ionizing radiation; however,
individuals may have different sensitivity to ionizing
radiation and the late Yumi Hwang having been
exposed to toxic chemicals for about a year and
eight months may have had a combined
effect[interaction]. Therefore, personal difference in
the level of immunity may have caused leukemia for
the late Yumi Hwang albeit her short work period
and below-the-standard exposure to toxic
chemicals.

22. Judgment on the case of Hwang Yu-mi
⑦It can be assumed that the workers in the
semiconductor plant are healthier than the general
population, judging by the statistically significant
lower SMR of semiconductor workers than that of
the general population.
Taking this into consideration, the fact that the
SMR and SIR of the female workers of the
semiconductor plant are higher than that of the
general population, back up the assumption that
the occupational environment affected the
development of leukemia of the late Yumi Hwang,
although the results aren’t statistically significant.

23. Judgment on the case of Hwang Yu-mi
⑧ The company seems to have received a component
analysis table that the chemicals provided by the
suppliers do not contain carcinogenic substance
such as benzene etc.
However, Workers’ Compensation Insurance Act
does not require employer’s intention or negligence.
Therefore, the above fact does not hinder admitting
work-relatedness.
* Night-shift and Stress (-)

24. Judgment on the case of Lee Sookyoung
 Same as judgment on Hwang Yumi
 the fact that she was exposed to various kinds
of toxic chemicals for 10 years since around
1995 and that she received treatment for skin
problems annually, show interaction with the
exposure to ionization radiation…

25. Judgment on the case of Hwang Minwoong
① there is the possibility of toxic chemical exposure,
but since facility washing operation was performed
by a subcontractor after 1995 and that the main
installation of the back-lap and setup process was
performed by the supplier, it is difficult to say that
the deceased was in constant exposure,
② there is not enough reference on the direct exposure
of toxic chemical substance or ionizing radiation …
③ the SMR or the SIR of the male worker of the
semiconductor plant shows no statistical
significance, and its specific ratio shows no
difference with the general population or rather
appears lower,

26. Judgment on the case of Kim Okyee
① There is no evidence to show that chemicals other than
TCE were used as organic solvents in trim & plating
processes…
② It seems that TCE was used only until April 1995 at the
plant…
③ The main work of plaintiff was putting a semiconductor
chip on the equipment, taking out a processed chip and
moving it to the next process. Cleaning chips and
straightening leads seemed to be accessory…
④ It is possible that chemicals used in other processes
influenced Plaintiff’s health to a certain extent, since
trim & form processes were not divided from marking &
plating processes… But it seems unlikely that such
damage was being done continuously.
⑤ diagnosed 9 years after she left the company…

27. Judgment on the case of Song Changho
① Though hydrochloric acid, nitric acid, lead, tin, et
cetera are used in plating process at Onyang
facility, and though plaintiff seems to have been
exposed to those toxic substances… none of those
substances are identified as an direct cause to non-
Hodgkin’s lymphomas.
② There is no data of continuous exposure to the
substances which are known or suspected as
carcinogenic substances such as benzene and TCE.
③ Plaintiff continued working in the similar job for
about 4 years after leaving the company
④ was diagnosed with non-Hodgkin’s lymphomas 9
years after he left the company…