Former executives of SK Chemical and Aekyung Industrial were found guilty on January 11 for their involvement in selling harmful humidifier disinfectants. (Image courtesy of Yonhap)
SEOUL, Jan. 12 (Korea Bizwire) – In a significant court ruling, former executives of SK Chemical and Aekyung Industrial were found guilty on January 11 for their involvement in selling harmful humidifier disinfectants. This judgment effectively acknowledges the causal link between all humidifier disinfectant ingredients and lung diseases.
The Seoul High Court sentenced former SK Chemical CEO Hong Ji-ho (74) and former Aekyung Industrial CEO Ahn Yong-chan (65) to four years of imprisonment for their roles in manufacturing and selling ‘Home Clinic Humidifier Mate’, a disinfectant made with CMIT/MIT (chloromethylisothiazolinone/methylisothiazolinone) compounds.
The decision overturns the initial 2021 verdict that acquitted them, a ruling that faced significant backlash from the academic community. The first trial judge ruled that the CMIT/MIT content in the disinfectants was not proven to cause lung diseases or asthma at harmful levels.
However, various studies, including those conducted by the National Institute of Environmental Research, Kyungpook National University, and the Korea Institute of Toxicology, have quantitatively demonstrated the link between CMIT/MIT and lung diseases, challenging the initial court decision.
The judge in the second trial accepted the criticisms and concluded that considering expert research, it was difficult to maintain that CMIT/MIT cannot cause or worsen lung diseases or asthma. The court recognized the credibility of a specific causal relationship between the use of humidifier disinfectants and lung diseases.
The decision also criticized the companies for conducting a ‘chronic inhalation toxicity test’ on the entire population over an extended period, resulting in severe suffering and irreversible damage, including death, to many victims.
Despite the court’s stricter ruling, companies like SK Chemical and Aekyung Industrial have been delaying their responsibilities in compensating victims. Out of the 5,667 victims recognized by the government, 1,633 (28.8%) used Home Clinic Humidifier Mate, making it the second most affected product after Oxy Reckitt Benckiser’s ‘Oxy Ssakssak New Humidifier Guardian’.
In January 2018, the legal link between PHMG, used in Oxy’s disinfectant, and lung diseases was firmly established when former Oxy CEO Shin Hyun-woo received a final sentence of six years in prison.
Despite the court’s recent ruling, a definitive resolution to the humidifier disinfectant scandal, which emerged in 2011, seems distant. An attempt at mediation by a private organization in April last year failed, and there has been little progress since. Last September, a public hearing was held in the National Assembly, but there have been no significant actions from the political sphere.
This ruling could bolster the arguments of Oxy and Aekyung, insisting that raw material producers like SK Chemical should bear more responsibility. It’s the first time SK Chemical has been legally recognized for its role in the humidifier disinfectant case.
Oxy and Aekyung, which would have borne 54% and 7.4% of the victim compensation (up to 924 billion won) under the mediation proposal, had rejected it, demanding further contributions from raw material businesses. SK Chemical was assigned a significantly lower burden of 17.1%.
Last year, Oxy informed the Ministry of Environment that it could no longer pay the special law-mandated contribution, and Aekyung even filed a lawsuit to reclaim the contribution the company had already paid.
The companies are demanding a ‘final resolution’ that would include future damages in any agreement, ensuring complete settlement of the issue. However, this demand contradicts legal principles, as victims can claim compensation for unforeseen damages even after an agreement.
With 1,258 of the recognized victims having already passed away, the resolution to this tragic case remains elusive as companies continue to delay taking responsibility.
M. H. Lee (mhlee@koreabizwire.com)
