Civil society organizations, including survivors of the toxic humidifier disinfectants disaster, hold a press conference on the 13th anniversary of the humidifier disaster at Gwanghwamun Square in Jongno, central Seoul, Aug. 30. (Newsis)
Civil society organizations, including survivors of the toxic humidifier disinfectants disaster, hold a press conference on the 13th anniversary of the humidifier disaster at Gwanghwamun Square in Jongno, central Seoul, Aug. 30. (Newsis)

South Korea's Supreme Court on Thursday ordered a retrial for two former executives of SK Chemicals and Aekyung Industrial who had been sentenced to prison for manufacturing and selling toxic humidifier disinfectants that caused illnesses and deaths among consumers.

The court overturned the four-year prison sentences handed to Hong Ji-ho, former CEO of SK Chemicals, and Ahn Yong-chan, former CEO of Aekyung Industrial. It ruled there was insufficient evidence to conclude that victims’ illnesses were solely caused by their products rather than a combination of different disinfectants. The case has been remanded to the Seoul High Court.

Hong and Ahn were indicted in 2019 for producing and distributing disinfectants containing toxic chemicals such as methylisothiazolinone and chloromethylisothiazolinone, which were linked to respiratory illnesses in 98 individuals, 12 of whom died.

In 2021, they were acquitted in their first trial due to a lack of proven causality. However, the Seoul High Court overturned the acquittal in January, citing the responsibility of their products for the victims’ lung conditions.

On Thursday, the court ruled that the evidence cited by the appellate court was insufficient to establish joint negligence. “The circumstances cited by the lower court are not enough to recognize the defendants as co-perpetrators of negligent crimes,” the Supreme Court stated, adding the appellate court had misunderstood legal principles.

The Supreme Court also determined that it was difficult to establish mutual recognition or implied agreement between the defendants and those involved in related cases regarding the resulting deaths or injuries, and therefore joint liability for negligence could not be acknowledged.

The case, which first came to light in 2011, is regarded as one of South Korea's worst consumer goods disasters. A group of victims, represented by the Comprehensive Portal for Humidifier Disinfectant Victim Support, stated that the incident involves individuals who used the product — distributed since 1994 — and suffered from lung damage and other injuries. According to the group, the number of victims eligible for support, including infants and pregnant women, totals 5,691, of whom 1,262 have died.


jychoi@heraldcorp.com