Feb 26 • 07:23 UTC 🇰🇷 Korea Hankyoreh (KR)

“Acknowledge the Industrial Accident of Children Exposed to Harmful Substances by Their Fathers” Administrative Lawsuit Filed

An administrative lawsuit has been filed to recognize congenital disorders in children of male workers exposed to harmful substances in industrial workplaces as industrial accidents.

An administrative lawsuit has been initiated to challenge the existing industrial accident compensation laws in South Korea, advocating for the acknowledgment of congenital disorders in children fathered by male workers who have been exposed to hazardous materials at their jobs. Currently, the law only recognizes the health impacts on children when the mother, defined explicitly as a 'pregnant worker', is the one exposed to harmful factors during pregnancy. Advocates argue that this limitation contradicts constitutional principles of equality.

The case was brought forward by a worker who was employed in Samsung Electronics’ LCD division from 2004 to 2011 and suffered exposure to chemicals in his line of work. His child, born in 2008, was diagnosed with a rare condition known as Charge syndrome. Despite the Seoul Southern District Council recognizing a significant link between the worker's exposure and the child’s rare disease, the compensation claim was denied based on the premise that the applicant does not qualify as a 'pregnant worker'.

Legal representatives of the worker contend that the current industrial accident compensation scheme is fundamentally flawed. They emphasize that the intention behind the law is to protect children from health damage due to parental exposure to reproductive toxins, irrespective of whether the exposed parent is male or female. The argument highlights a need for revising current regulations to ensure fairness and comprehensive protection for all affected families, noting that major South Korean corporations already provide compensation for such cases without gender discrimination.

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