Employee Brain-Dead After Drinking Mistaken Water in June Last Year
Employee Who Served Paper Cup Sentenced to 10 Months in Prison, 2 Years Probation
Court Recognizes Negligence for Not Labeling Toxic Substance
Last June, company officials were sentenced to suspended prison terms and fines in connection with an incident in which a female worker in her 30s at a mid-sized company in Dongducheon, Gyeonggi Province, fell into a brain-dead state after drinking a toxic substance contained in a paper cup.
On the 21st, Judge Jeong Seo-hyun of the Criminal Division 3 at Uijeongbu District Court sentenced a man in his 30s, Mr. A, who was indicted on charges of violating the Chemical Substances Control Act and causing injury by negligence at work, to 10 months in prison with a two-year suspension and ordered 160 hours of community service. Additionally, Mr. B, A’s superior, was fined 8 million won, and the company was fined 20 million won.
On June 28 of last year, Mr. A placed a paper cup containing a toxic chemical substance including hydrofluoric acid on his desk in the company laboratory to test materials related to optical lenses. Ms. C, a female employee in her 30s who was inspecting through a microscope next to Mr. A at the time, found the paper cup within reach of her right hand and, seeing the transparent liquid, mistook it for water and drank it.
Ms. C was transported to the hospital in cardiac arrest. However, the company failed to quickly identify the components of the substance, delaying the immediate implementation of extracorporeal membrane oxygenation (ECMO) and dialysis treatment. Although Ms. C’s pulse and breathing returned to normal, she has remained in a brain-dead state without regaining consciousness since the incident.
Investigations revealed that company officials had no intention to harm Ms. C. However, the company was found negligent for failing to label the toxic substance and for not storing it in an appropriate container. Previously, at a trial held on the 12th of last month, the prosecution requested a prison sentence of two years and six months, stating, "The defendants neglected the management of hazardous chemicals over a long period, causing irreversible severe injury to the victim."
Ms. C’s husband was given the opportunity to speak in court and tearfully said, "My wife is still lying in a vegetative state," adding, "Our lives, mine and our 7-year-old daughter’s, have been destroyed." He also appealed that this accident should never be dismissed as a simple mistake.
The court stated, "I am aware that some internet comments blame the victim’s mistake for drinking without confirming whose it was," and explained, "The laboratory where the accident occurred is mainly used by the victim’s team, and the defendant rarely goes there." The court continued, "It is quite possible that the victim, who usually drinks water from paper cups, mistook the cup within reach at the time of the accident as her own, so the defendant’s negligence is much more serious." Furthermore, "Since the company failed to identify the chemical components before the accident, the victim who was taken to the hospital did not receive appropriate treatment promptly, and this fault is by no means minor," the court pointed out.
Regarding the sentencing, the court explained, "However, we took into consideration that the defendant apologized to the victim’s spouse on behalf of the victim who has not regained consciousness and reached a settlement for compensation, and that the company appears to have made considerable efforts to support the victim’s medical expenses and other costs."
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