On September 25, 2024, South Korea released a draft Act on Compensation and Relief for Damages of Household Chemical Products for public consultation. The proposed legislation aims to address health risks associated with household chemical products and provide a framework for compensating victims of chemical-related damages. Stakeholders are invited to review and provide feedback on this important initiative.
Reason for the Draft
The Act on the Registration and Evaluation of Chemical Substances which came into force on January 1, 2015, aims to protect public health and the environment by registering chemical substances, evaluating their harmfulness and risk, and managing information on these substances. However, incidents such as the 2011 humidifier disinfectant case, where harmful chemicals such as PHMG and PGH caused severe lung damage and fatalities, highlight the need for more specific legislation to address damages caused by household chemical products. This draft Act seeks to prevent harm from everyday chemical products, ensure public health safety, and establish a legal framework to compensate for unexpected damages from harmful chemicals.
Key Content
Effective Compensation System: Establishes a system to quickly and fairly compensate victims of chemical side effects from everyday chemicals by clarifying liability and reducing the burden of proof (Article 1).
Definition of Living Chemical Products: Defines "living chemical products" as those used in daily life, such as in homes, schools, and offices, as prescribed by the Presidential Decree (Proposal 2, Subparagraph 1).
Joint Liability: Manufacturers of household chemical products are jointly liable for compensation if users suffer from diseases or fatalities due to these products (Article 6).
Presumption of Causation: This presumes that diseases caused by household chemical products are due to their use when there is a considerable probability (Article 7).
Access to Information: Grants the right to request information from manufacturers to determine the scope of damage claims (Article 8).
Relief Benefits: Specifies the types of benefits provided to relieve health damage caused by household chemical products (Article 9).
Judging Committee Regulations: Establishes regulations for the independence and security of members of the judging committee and stipulates the disclosure of their meetings (Proposals 16 and 18).
Relief Fund: Creates a disease damage relief fund to cover expenses for paying relief benefits (Proposal Article 32 (1)).
Re-examination Committee: Forms a re-examination committee within the Ministry of Environment to handle requests for examination and re-examination of damage recognition (Article 45 (1)).
Support for Victims: Provides necessary support, including psychological and daily life counseling, for the stability and social adaptation of victims and their families (Proposal Article 53 (1)).
This draft Act aims to enhance the safety management of household chemical products and ensure swift and fair compensation for any harm caused, thereby protecting public health and well-being. The full text of the draft can be found here (in Korean).