Refer Report
There is a controversy over whether the industrial accident that two workers suffered at Samsung Electronics’ Giheung plant in May, where they were exposed to radiation exceeding the standard by up to 188 times, was an “injury” or an “illness.” If it is considered an injury, it is considered a “serious accident” and may be subject to the Act on Punishment, etc. of Serious Accidents in the future. While Samsung Electronics claims it was an illness, some are pointing out that it should be considered an injury.
Here’s a comprehensive explanation from Samsung Electronics and the Ministry of Employment and Labor on the 4th: Samsung Electronics recently conveyed its opinion to the Ministry of Labor that the accident that two workers suffered due to radiation exposure on May 27th “constituted a disease and therefore cannot be considered a major accident.” The Occupational Safety and Health Act (OSHA) defines a “major accident” as an accident that results in 1 or more deaths, 2 or more injuries requiring 3 months or more treatment, or 10 or more injuries or occupational diseases. Samsung Electronics claims that although two workers did not fully recover for 3 months after the accident, the accident they suffered was a “disease” and not an “injury” and therefore did not constitute a major accident. Samsung Electronics also did not “report the occurrence of a major accident” to the Ministry of Labor as stipulated by the OSHA.
This accident occurred when workers inspecting the equipment were exposed to radiation because the safety device called an “interlock” to block radiation from a radiation generating device did not work properly. When worker Lee Yong-gyu, who was severely exposed to radiation, applied for industrial accident compensation insurance, the diagnosis on the accident investigation report was “radiation burns.” Samsung Electronics argued that the accident was a “disease” because the Industrial Safety and Health Act classifies “health measures” related to radiation by employers as measures to prevent “health disorders,” and the Enforcement Decree of the Serious Accident Punishment Act also views “acute radiation sickness” as an occupational disease.
However, experts point out that it should be considered an injury because it is a disaster caused by a one-time accident. Labor attorney Kwon Dong-hee (law firm Ilgwa Saram) said, “Leukemia or cancer caused by long-term exposure to radiation should be considered diseases, but disasters caused by one-time trauma or external causes should be considered injuries.” Ryu Hyeon-cheol, director of the Ilhwan Environment Health Center, also said, “The disaster was not caused by chronic radiation exposure management, but by failure to manage accidental exposure, so it should be considered an injury.”
Whether it is a disease or an injury is related to the application of the Serious Disaster Punishment Act. The Serious Disaster Punishment Act considers it a serious industrial accident if △two or more people are injured and require treatment for more than six months due to the same accident, or △three or more people suffer from occupational diseases within one year due to the same harmful factor. If the accident is judged to be an ‘injury’ and the workers who suffered the accident do not recover within six months of the accident, it becomes a serious industrial accident and Samsung Electronics becomes subject to investigation under the Serious Disaster Punishment Act.
The Ministry of Labor has not yet reached a conclusion, even though it has been more than three months since the accident. A Ministry of Labor official said, “We are reviewing whether it is a major accident.”
Reporter Park Tae-woo ehot@hani.co.kr
Source: Korean