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

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SHARPS law suit prsentation by Dr. Jeong-ok Kong

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

2. Collected cases of Occupational Dz. InElectronics Industry (Nov. 2011) Samsung ElectronicsTotal Semi-MobileSub- LCD etc. conductorphone total No.of Total79163 9 107 149Victims Cancer63102 681 114 No.ofTotal 27 72 54159Deaths Cancer 23 61 53553 3. The First Voice & Resonance 4. Workers Compensation System in Korea Governmen t CollectionPaymentEmployer Workers Responsibility more likely than noteven with no fault 5. Workers Compensation System in Korea MOL KCOMWEL OSHRI in KOSHA / /Collection/PaymentPrevention/Research Investigation on Causal Relationship 6. Workers Compensation System in Korea Local KCOMWEL HQ. KCOMWEL MOL Administrative Court 7. Cancer Cases of Samsung Semiconductor Jun 2007, Hwang Yumi, demandworkers compensation(KCOMWEL) OSHRI in KOSHA, investigation on working environment decided to delay conclusion after epidemiologic study ofblood 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 YumiHwang MinwoongLee SookyoungPark JiyeonKim OkyeeSong Changho(Kim Eungyoung) 9. Cancer Cases of Samsung Semiconductor Dec 2008, Result of OSHRI epidemiologic study NHL(Non-Hodgkins lymphoma) Female* SMR 2.06, SPR 2.67 Female(FAB)*SMR 2.66, SPR 5.16 MaleSMR 0.62, SPR 0.77 Leukemia FemaleSMR 1.48, SPR 1.31 MaleSMR 0.36, SPR 0.87 Risk of Leukemia was not statisticallysignificantly elevated in semiconductor workers - OSHRI 10. Cancer Cases of Samsung SemiconductorScientific study revealed that there is norelationship between leukemia and Samsung -Samsung 11. Cancer Cases of Samsung Semiconductor May 2009, KCOMWELs Decision not tocompensate 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 inGiheung 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 workand disease is necessary... the claimant bears theburden of proof... Each employees specific health and physicalconditions, rather than that of the averageperson, need to be considered Demonstrating a causal relation does notnecessarily require medical or scientific reasoning.A proximate causal relation can be inferred fromthe employees health condition at the time ofemployment, the cause of disease, the existence ofsubstances known to cause illness in the workplace, and the period of employment... 15. Judgment on the case of Hwang Yu-mi Even if the development process of the lateYumi Hwangs acute myeloid leukemia has notbeen medically identified, it can still be inferredthat her exposure to various toxic chemicalsduring her work in the Giheung plant Line 3induced or at least accelerated the developmentof her disease; thus, a proximate causalrelation seems considerable. 16. Judgment on the case of Hwang Yu-mi While modern medical science does not accurately determine leukemias 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 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 Giheung plant line 5 and line 3 have similar working conditions [ investigation by Seoul Natl 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 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 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 plants 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 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-miIt 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 arent statistically significant. 23. Judgment on the case of Hwang Yu-mi 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 employers 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 kindsof toxic chemicals for 10 years since around1995 and that she received treatment for skinproblems annually, show interaction with theexposure to ionization radiation 25. Judgment on the case of Hwang Minwoong 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, there is not enough reference on the direct exposure of toxic chemical substance or ionizing radiation 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 There is no evidence to show that chemicals other than TCE were used as organic solvents in trim & plating processes It seems that TCE was used only until April 1995 at the plant 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 It is possible that chemicals used in other processes influenced Plaintiffs 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. diagnosed 9 years after she left the company 27. Judgment on the case of Song Changho 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- Hodgkins lymphomas. There is no data of continuous exposure to the substances which are known or suspected as carcinogenic substances such as benzene and TCE. Plaintiff continued working in the similar job for about 4 years after leaving the company was diagnosed with non-Hodgkins lymphomas 9 years after he left the company