Father’s first application for ‘fetal injury’

▲ Source photo Reporter Jeong Ki-hoon, editor Kim Hye-jin

A child was born in May 2008. Immediately after birth, the child was diagnosed with ‘Charge Syndrome’. It is a rare disease in which malformations that occur during fetal development appear in multiple organs. I did not even think that it was an occupational disease and I lived for 10 years. In 2018, I heard the news that Samsung Electronics had recognized an occupational disease and decided to pay compensation to the victims’ families. I found out that ‘compensation for a 2-year-old child’ was also included. In January 2019, Samsung Electronics applied for compensation for “child disease” to the Samsung Electronics Semiconductor and LCD Industrial Health Support and Compensation Committee. Four months later, I was informed that I had been eligible for compensation for ‘congenital malformation of my child’s disease’.

Choi Hyun-cheol (39,alias) is the story of Mr. On the 1st, he applied for fetal industrial accident with the Korea Labor Welfare Corporation. This is the first case of a claim for damage to the health of the fetus due to the work of a male worker, the father, as an industrial accident. It remains to be seen what kind of judgment the Labor Welfare Service will make.

“The process taken during pregnancy,
Possibility of exposure to reproductive toxicity

According to Banollim, a protector of semiconductor workers’ health and human rights, Choi Hyun-cheol worked in the thin film transistor (TFT) process at the Cheonan Campus of Samsung Electronics’ LCD Division (currently Samsung Display) from December 2004 to December 2011. The TFT process is a process of making a transistor layer on a glass substrate, and rounding carries out tasks such as ‘cleaning-deposition-photo-etching-inspection’.

Banollim said, “At the time of the accident, the company had a low level of safety and health management before the issue of occupational diseases in the electronics industry was known. ” he asserted.

Choi’s wife was pregnant with a child in August 2007, and Choi performed TFT process work for the last three months. Banollim explained, “Considering the sperm production cycle, exposure to harmful factors in the 3 months before conception has the most major impact on fathers.”

Experts pointed out that the father’s fetal injury should be recognized. Do-myung Baek, a professor at Seoul National University’s Graduate School of Public Health, said in an opinion letter, “Reports on the health effects of teratogenic and reproductive toxic substances expressed through the father continue. more reasonable.” Banollim said, “If you look at the notice of the Ministry of Employment and Labor, it is specified that reproductive toxicity ‘results from exposure of parents before conception’. We are compensated for it.”

“Father with a long way to go, fetal disaster”

In April of last year, the Supreme Court ruled that damage to the health of a female worker’s fetus or congenital disease of a childbirth could be recognized as an industrial accident, and subsequent legal and institutional improvements are being made. The Labor and Relations Committee held a subcommittee on the Employment and Labor Act on the same day and expressed an opinion on the amendment to the Industrial Accident Insurance Act, which requires that pregnant workers give birth to a fetus with a disability or disease as a result of exposure to dangerous environments and recognize it as an occupational accident and pay insurance benefits. accomplished The amendment included the content that a pregnant worker would be recognized as an industrial accident if a pregnant worker suffered an occupational accident, commuting, or gave birth to a premature baby due to work-related factors. It is reported that the proposal for approaching opinions can be applied retroactively to children born before the enforcement of the law. However, only the mother recognized the cause of the disease. Controversy is expected to spread since the application for the father’s fetal industrial accident was filed.

Choi Hyun-cheol issued a statement and said, “My child is in the 5th grade of elementary school attending a special school, and he has poor heart, eyes, and ears, and is much shorter than his peers. I have to, but when I graduate from high school, where will my child go?” he said.

Seung-gyu Cho, a certified labor attorney (Banollim), said, “I am fortunate that there is a legal basis for the recognition of fetal industrial accidents.


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