Report References to occupational exposures Challenges faced by workers conclusion that there is a proximate causal relationship between the worker’s duties and the disease. In 2014, the Seoul Administrative Court held that the deduction can be made that there is a proximate causal relationship between the former workers’ diseases and their duties. The Supreme Court also said that the question of whether a proximate causal relationship exists should be judged on the basis of the health and physical conditions of the worker concerned and not an average person. Most recently, the Seoul Administrative Court reversed the decision of the Korea Workers’ Compensation and Welfare Service and acknowledged ovarian cancer to be an occupational disease. It further stressed that, for rare diseases such as ovarian cancer, a more relaxed standard for assessing causality should be applied. Noting the disparity among the Korea Workers’ Compensation and Welfare Service industrial accident compensation scheme, decisions by courts in the Republic of Korea, and the dispute resolution committees established by Samsung Electronics and SK Hynix, the Special Rapporteur is concerned about the difficulty in accessing compensation under that scheme due to the high burden of proof imposed on the claimants. The Government’s criteria for work-related diseases were revised in 2013. The Special Rapporteur emphasizes that States are obligated to refrain from interfering with the enjoyment of the right to social security. The burden upon the claimant to prove causation between the health impacts from which workers suffer and the hazardous substances in the workplace can be a significant inconvenience and obstacle, often because of difficulty in using or accessing information. The Special Rapporteur sincerely commended Samsung Electronics for its spirit of cooperation, openness and continuing dialogue with him. He acknowledged internal changes by Samsung Electronics and steps taken to realize the right of former workers to an effective remedy, and recommended that Samsung Electronics and other implicated businesses, among other steps ensure that all former workers and contractors harmed by toxic chemicals in the manufacture of their products are indeed compensated, at a minimum according to recommendations of the Mediation Committee. 45 The Special Rapporteur welcomed the recent enactment of the Liability Act to help ensure that victims have access to an effective remedy, as well as legislative changes to prevent accidents. He also notes the studies and measures implemented by Samsung Electronics to prevent the • Exploitation of those most at risk • Inaccessible remedies, justice and accountability A/HRC/39/48 One major chemical accident affecting workers in the Republic of Korea was the hydrofluoric acid leak in Gumi, which occurred on 27 September 2012 at the Hube Global chemical plant, killing 5 workers and injuring 18 others, including plant employees and emergency personnel. The damage on property, including restoration costs, amounted to 55.4 billion won. Another accident took place at the Samsung Electronics plant in Hwaseong City, where hydrofluoric acid first leaked on 27 January 2013. As a result, one person died and four were injured. Subsequently, on 2 May 2013, three external contract workers were partially exposed to diluted hydrofluoric acid at Samsung’s semiconductor manufacturing facility in Hwaseong City. The workers received immediate first aid attention on site and were admitted to hospital for further examination.