Previously on this blog, we shared that Korea Workers’ Compensation and Welfare Service (KCOMWEL), had taken the brazenly anti-worker step of appealing to a higher court against a court ruling which had overturned KCOMWEL’s rejection of two Samsung workers’ claim for compensation. That court had confirmed that indeed there was a link between the workers’ Samsung workplace and their cancer and illness.
Below we share the letter of nearly 200 signatories, who sent a letter to the South Korean Ministry of Employment and Labor in October 2011, condemning the behavior of KCOMWEL which appears to be colluding with the corporation Samsung at worst, and at the least does not appear to be doing the maximum to protect workers’ welfare and implement correct judgement about their just compensation from workplace injury and illness.
(The previous posting re: this case is here: https://stopsamsung.wordpress.com/2011/09/01/state-agency-kcomwel-appeals-against-court-ruling-in-favor-of-samsung-occupational-disease-victims/)
October 3, 2011
Honorable Minister Lee Chae-Pil
Ministry of Employment and Labor
Republic of South Korea
Dear Honorable Minister Lee Chae-Pil,
We are writing to express deep concern about the recent actions of Korea
Workers’ Compensation and Welfare Service (KCOMWEL), an important part of the Ministry of Employment and Labor directly involved in compensation for worker injury.
As you know, in recent times more than 140 workers in the electronics sector have been diagnosed with serious occupational diseases including cancer, and at least one third of them have already died. Most of them worked for Samsung.
Twenty injured workers filed for compensation by KCOMWEL due to the occupational origin of their illnesses. We were surprised and disturbed to hear that KCOMWEL rejected their claims. We believe that KCOMWEL’s rejection does not reflect the agency’s mission to, “…contribute to the improvement of workers’ quality of life…” nor does it offer a, “…working hope and dream for workers” as stated by Mr. Shin Young-Chul, the President of KCOMWEL.
On June 23, 2011, the Seoul Administrative Court overturned KCOMWEL’s erroneous judgment, finding the agency to be wrong in rejecting the link between leukemia and the workplace of two workers. This raises further questions about how KCOMWEL is operating with respect to its mission.
The process became even more disturbing when KCOMWEL decided to appeal the court’s decision, effectively seeking to refuse worker compensation for injury in the workplace. When a public interest non-governmental organization (Supporters for Health and Right of People in Semiconductor Industry) pressed KCOMWEL about their decision to appeal, they were told that the Prosecutor made the decision to appeal and that the agency must obey their decision. However, Mr. Shin Young-Chul stated that he would re-exam the appeal and notify the injured workers if it would go forward. This turned out to deceptive. During the recent National Assembly audit, Mr. Chung Dong Young (a lawmaker from the Democratic Party) revealed that KCOMWEL had already submitted a document actively proposing an appeal to the Prosecutor three days before promising injured workers KCOMWEL would investigate the matter and stating that KCOMWEL was just following the wishes of the Prosecutor. The investigation by Mr. Chung Dong Young revealed that KCOMWEL actively worked to undermine the court judgment and indicated that KCOMWEL coordinated with Samsung on the matter. Apparently, KCOMWEL actively worked to avoid workers’ compensation and even lied to injured victims about the entire process.
We find KCOMWEL’s actions to be dishonorable and not in keeping with the agency mission or the standards of the Korean Government. Therefore, in the short term we urge the Ministry of Labor and Employment to withdraw the mistaken court appeal of the two injured Samsung workers. We also believe that the agency should be held accountable for its dishonorable actions. In the mid- term, we believe that there should be a careful examination of KCOMWEL operations with an eye towards improving workers’ quality of life, starting with full disclosure and transparency of agency research and actions.
Thank you for your consideration.
Best regards,
Sanjiv Pandita, Executive Director
Asia Monitor Resource Centre
Flat 7, 9th Floor, Block A
Fuk Keung Industrial Building
66-68 Tong Mi Road
Kowloon, Hong Kong
Ph: 2332-1346, 2332-1347
Fax: 2385-5319
CC: Shin Young Chul, Chairperson, KCOMWEL
Assembly members of the Environment and Labor Committee
Dr. Jeong-ok Kong, SHARPS
Additional Signatories
1 Australia National Toxics Network Joanna Immig Coordinator
2 Mariann Lloyd-Smith PhD, Senior Advisor
3 Bangladesh Center for Participatory Research and
Development Md Shamsuddoha
4 Coastal development Partnership M M Mahbub Hasan Chief Regional Officer
5 Community Development Friend Anwara Parvin
6 Belgium European Trade Union Institute Tony Musu Senior Researcher
7 Laurent Vogel Director of the Working Conditions
8 R.I.S.K. Tony Tweedale
9 Cambodia Independent Democracy of Informal Economy Association (IDEA) Heng Sam Orn Secretary General
10 The Cambodian Human Rights and Development Association Nay Vanda Director
11 Worker’s Information Center(WIC) Touch Sreyneath Coordinator
12 Cameroon Centre de Recherche et d’Education pour le
Développement Gilbert Kuepouo, PhD Coordinator
13 Canada Clean Production Action Beverly Thorpe Co-Director
14 Maquila Solidarity Network Kevin Thomas
15 Lynda Yanz
16 United Food and Commercial Workers Local
832 Robert Hilliard
Workers’ Compensation Advocate
17 Worksafe Dorothy Wigmore Occupational health specialist
18 China Asia Monitor Resource Center Sanjiv Pandita Executive Director
19 Doris Lee Publications Coordinator
20 Fahmi Panimbang
21 Omana George
22 Globalization Monitor May Wong
23 Hong Kong Confederation of Trade Union Koonkwan Ng Organizer
24 Students & Scholars Against Corporate Misbehavior Chan Sze Wan Debby
25 Egypt Day Hospital Institute for Development and Rehabilitation Ahmed Abou-El-Ezz Eng. Coordinator
26 Fiji Peoples Community Network
27 Germany University of Constance Dieter Kief
28 Women in Europe for a Common Future Alexandra Caterbow Coordinator, Chemicals and Health
29 Ghana Ecological Restorations Emmanuel Odjam- Akumatey Executive Director
30 Hungary Clean Air Action Group Andras Lukacs President
31 Greenpeace Gergely Simon
32 India Global Alliance for Incinerator Alternatives (GAIA) Dharmesh Shah
33 New Socialist Initiative (NSI) India Bonojit Hussain
34 Occupational and Environmental Health network of India Mohit Gupta Coordinator
35 Peoples Training And Research Centre Jagdish Patel
36 The Other Media Madhumita Dutta Corporate Accountability Desk
37 Indonesia Federation of Independent Trade Union (GSBI) Rudi Hb Daman Chair
38 Indonesia Toxics-Free Network Yuyun Ismawati; Goldman Prize 2009 Coordinator
39 Institut Perempuan (Women’s Institute) Ellin Program Coordinator
40 Valentina Sagala Director
41 International NGO Forum on Indonesian Development (INFID) Wahyu Susilo Program Coordinator
42 Papua Traditional Council Leonard Imbiri General Secretary
43 PERGERAKAN Shantoy Hades Head of International Networks
44 Sedane Labour Resource Centre Syarif Arifin
45 Solidaritas Perempuan (Women Solidarity) Aliza Yuliana Program Coordinator
46 The Indonesian Anti Discrimination Movement (GANDI)
47 YTLI and Yamakindo Blanche Director
48 Independent Committee for Election Monitoring Pipit Apriani Foreign Affairs Officer
49 Migrant CARE Wahyu Susilo Founding Member
50 Japan Citizens Against Chemical Pollution Takeshi Yasuma Chemicals Policy Analyst
51 Japan Occupational Safety and Health Resource Center Sugio Furuya Secretary General
52 Malaysia All Women’s Action Scoeity (AWAM) Ho Yocklin Acting President/Deputy President
53 Building and Wood workers’ International Shelly Wolya Asia Pacific Regional Office
54 Consumer Association of Penang Mageswari Sangaralingam Research Director
55 Electronic Industry Employees’ Union Western Region Peninsular Malaysia Saharudin Adnan
56 Labour Resource Centre (LRC), Saharudin Adnan Organizier
57 Persatuan Sahabat Wanita Selangor Irene Xavier
58 Sahabat Alam Malaysia (Friends of the Earth) S.M. Mohamed Idris President
59 Sarawak Dayak Iban association Sarawak SADIA HQ
60 WIRDA MALAYSIA Zuraida Kamarudin
61 Mexico CAATA Fernando Bejarano
62 CEREAL David Foust Rodríguez
63 Colibri Consulting Michael Conroy Co-Director
64 Nepal General Federation of Nepalese Trade Unions Ramesh Badal Secretary , Department of Foreign Affairs
65 Nepal Policy Institute Gopal Siwakoti ‘Chintan’
66 Water and Energy Users’ Federation-Nepal
67 Netherlands ABVAKABO FNV Bert Giskes
68 GoodElectronics Network Pauline Overeem Coordinator
69 New Zealand Pesticide Action Network Aotearoa New Zealand Meriel Watts, PhD Coordinator
70 UNITE Union Duncan Allan
71 Pakistan Pakistan Institute of Labour Education and Research
72 Philippines Ecumenical Institute for Labor Education and Research Anna Leah Escresa
73 Kilusang Mayo Uno Miles Quero-Asa Secretary, International Dept
74 Migrante International Gina Esguerra Secretary General
75 National Coalition for the Protection of Workers’ Rights Marlon Torres
76 Solidarity of Cavite Workers Jojit
77 The Philippine Center for Islam and Democracy Amira Rasul Director
78 Russia EcoAccord Program on Chemical Safety Olga Speranskaya Director, PhD Goldman Prize 2009
79 Singapore Think Centre Ted Tan Executive Secretary
80 Spain Mercuriados Servando Pérez-Dominguez President
81 University of Valladolid Santiago Cáceres Industrial Engineering Faculty
82 Sri Lanka National Free Trade Union Leon Joseph
83 Ceylon Plantation Worker’s Union Menaha Kandasamy
84 Red Flag Women’s Movement S. Anandi
85 Cendi Z. Faizun
86 Sweden Genombrott Cooperative Consultants Jerker Thorsell
87 Svenska Livs Sten-Olof Svensson
88 Fair Trade Center Charlie Aronsson Project leader-makeITfair
89 Switzerland International Metalworkers’ Federation (IMF) Jenny Holdcroft Director, ICT,Electrical & Electronics,Aerospace
90 Taiwan CEFC Taipei Paul Jobin Director
91 Citizen of the earth Richie Leu
92 Hua-Mei Chiu
93 Environmental Jurists Association Echo Lin Secretary General
94 Green Consumers Foundation Jay Fang
95 Serve the People Association Lennon Ying-Dah Wong International Coordinator
96 Taiwan Association for Victims of Occupational Injuries Nien-Yun Liu Association for former RCA employees
97 The Society of Wilderness Hanlin Li
98 Thailand Committee for Asian Women Theint
99 Human Rights Education Institute of Burma Myo Min Director
100 mahidol university Andy Hall
101 Migrant Workers Union Junya (Lek) Yimprasert
102 Thai Labor Campaign Patchanee Kumnak
103 Worker Hub For Change (WH4C) Pranom Somwong
104 Tunisia Association pour la Protection de l’Environnement et la Développement Durable de Bizete Najwa Bourawi, MD President
105 U.K. Communities Against Toxics Ralph Ryder Coordinator
106 Hazards Magazine Rory O’Neill Editor
107 National Hazards Campaign Hilda Palmer Chair
108 PHASE II Grace Morrison
109 Jim McCourt
110 Public Interest Consultants Alan Watson, PhD President
111 Students & Scholars Against Corporate Misbehavior Jenny Chan
112 Uganda Uganda Network on Toxic Free Malaria Control Ellady Muyambi Secretary General
113 USA AFGE 3172 Howard Egerman
114 AFSCME Council 57 Nadia Bledsoe
115 AFSCME Local 3299 Danielle Di Silverio
116 AIHA-NCS Susan Eckhardt
117 Alaska Community Action on Toxics Pamela Miller Executive Director
118 Alliance of Forest Workers and Harvesters Carl Wilmsen
119 American Public Health Association Tim Morse Chair, Occupational Health Section
120 AmericanHealthStudies.org Paul Connett Director
121 Asbestos Disease Awareness Organization Linda Reinstein President & CEO
122 ATU Local 1555 Antonette Bryant
123 Basel Action Network James Puckett Executive Director
124 California Alliance for Retired Americans Tom Rankin
125 California Department of Public Health Faith Raider
126 California Labor Federation Mitch Seaman
127 Carpenter & Mayfield Constance Carpenter Attorney
128 Center for Environmental Health Michael Green
129 Chinese Progressive Association Ka Yan Cheung
130 Shawsan Liu Lead Organizer
131 City University of New York Immanuel Ness Professor
132 Communications Workers of America David LeGrande Director, Occupational Safety and Health
133 Cook County Ambulatory & Community Health Network Rachel Rubin MD, MPH
134 CWA Carlos Celis union worker
135 CWA 9415 Karin Hart
136 Don’t Waste Arizona Stephen Brittle President
137 EBASE Aditi Vaidya
138 Environmental Health Strategy Center Michael Belliveau Executive Director
139 Filipino Community Center Mario de Mira
140 Fluoride Action Network Paul Connett, Phd Director
141 Foundation Earth Randy Hayes Executive Director
142 Friends of the Earth Brent Blackwelder President Emeritus
143 George Washington University Celeste Monforton School of Public Health & Health Services
144 Ginzberg Productions Abby Ginzberg Producer
145 Global Community Monitor Denny Larson Executive Director
146 Hesperian Foundation Todd Jailer
147 Hesperian Health Guides Miriam Lara
148 History of Silicon Valley Glenna Mathews Historian
149 IAM 1546 Garry Horrocks
150 International Campaign for Responsible Technology Ted Smith Coordinator
151 International Chemical Workers Union Council/UFCW John Morawetz
152 International Longshore & Warehouse Union Peter Olney
153 Investor Environmental Health Network Sanford Lewis Counsel
154 Madera Group Kath Delaney Founder & Principal
155 Maquiladora Health & Safety Support Network Garrett Brown
156 Minnesota Global Justice Project David Pellow
157 Mujeres por La Paz Diana Crowder
158 Mujeres Unidas y Activas Carmen Denis
159 Jeannette Henriquez
160 New York Committee for Occupational Safety and Health (NYCOSH) Joel Shufro Executive Director
161 Occidental College Robert Gottlieb Professor
162 San Francisco City College Bill Shields Labor & Community Studies
163 San Francisco Firefighters Cancer Prevention Foundation Anthony Stefani
164 San Jose Peace & Justice Center Charlotte Casey Board member
165 San Jose State University Alberta Jimmenez
166 Hilary Nixon, Ph.D. Department of Urban & Regional Planning
167 San Mateo County Labor Council Shelley Kessler Executive Officer
168 Santa Clara University Dr. Chad Raphael Professor & Department Chair
169 Science and Environmental Health Network Ted Schlettler
170 SEIU Local 1021 Lorraine Thiebaud
171 Silicon Valley Toxics Coalition Sheila Davis Executive Director
172 SUNY-Downstate School of Public Health Paul Landsbergis Associate Professor
173 Trans-Pacific Environmental Action Network Wenling Tu
174 Tufts University Beth Rosenberg
175 UAW/Local 2324 (Retired) Albert Sargis
176 UC Berkeley Labor Center Ken Jacobs
177 UCLA Judith Sweeny
178 UCLA Labor Occupational Safety & Health Program Linda Delp
179 Univ Calif UPTE-CWA 9119 Joan Lichterman
180 Univ Mass Lowell Charles Levenstein Professor Emeritas of Work Environment
181 University of California Mairi Hartooni
182 Wellington Onyeawe
183 Amy Kyle School of Public Health
184 University of California Irvine BongKyoo Choi Center for Occupational and Environment Health
185 University of California, Berkeley Juliann Sum
186 Laura Stock
187 Valeria Velazquez
188 Yesenia Prudo
189 University of California, Santa Cruz Ravi Rajan
190 University of Massachusetts Lowell Craig Slatin Professor
191 Thomas Estabrook Worker Health Educator
192 USW Rhonda Little
193 WILPF San Jose CA Branch Shirley Lin Kinoshita
194 Worksafe Amanda Hawes Board Chair
195 Gail Bateson Executive Director
196 Pattricia Quinlan
197 Tiffany Crain
* 197 signatures from 176 public interest NGOs and academia out of 39 Countries