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•  Bar Associations - Legal News


Overturning an appeal court's decision, South Korea's Supreme Court said Tuesday the family of a Samsung worker who died of a brain tumor should be eligible for state compensation for an occupational disease.

The ruling on Lee Yoon-jung, who was diagnosed with a brain tumor at age 30 and died two years later, reflects a shift in the handling of such cases in South Korea.

Workers used to have the onus of proving the cause of a disease caused by their work. But after years of campaigning by labor advocates to raise awareness about the obstacles workers face in getting information about chemicals used in manufacturing, courts have begun to sometimes rule in favor of workers.

Lee worked at a Samsung chip factory for six years from 1997 to 2003 but there was no record available of the levels of chemicals she was exposed to while working there.

An appeals court denied the claim filed by Lee, based on government investigations into the factory conducted after she left the company. The investigations reported that the workers' exposure to some toxins, such as benzene, formaldehyde and lead, were lower than maximum permissible limits. They did not measure exposure levels to other chemicals or investigate their health risks.

The Supreme Court said such limitations in government investigations should not be held against a worker with a rare disease whose cause is unknown.

The case filed by Lee's family is the second time this year South Korea's highest court has ruled in favor of a worker. In August, the Supreme Court struck down a lower court's ruling that denied compensation to a former Samsung LCD factory worker with multiple sclerosis.

The government-run Korea Workers' Compensation & Welfare Service, the defendant in the case, did not respond to requests for comment.

Lim Ja-woon, the lawyer representing Lee, said brain tumors are the second-most common disease, after leukemia, among former Samsung workers who sought compensation or financial aid from the government or from Samsung for a possible occupational disease. He said 27 Samsung Electronics workers have been diagnosed with brain tumors, including eight people who worked at the same factory as Lee.



An international human rights group says Guatemalan courts are foot- dragging on high-profile cases and threatening the work of the country's prosecutors and a U.N. anti-corruption commission.

Human Rights Watch analyzed eight major cases that have bogged down and concluded the courts are undermining the anticorruption work by taking too long to process appeals and pretrial motions. In a report released Sunday, the group accuses the courts of trying to run out the clock on prosecutions by keeping defendants from ever making it to trial.

Among the cases is a customs fraud scandal that allegedly sent kickbacks to then President Otto Perez Molina and Vice President Roxana Baldetti. They resigned and were jailed to await trial, but more than 100 defense filings have delayed the trial.

Perez Molina and Baldetti, who resigned in 2015, both deny the charges against them.

Daniel Wilkinson, managing director of the Americas division at Human Rights Watch, said Guatemala has made progress on holding officials accountable for abuses of power, but still needs to "move forward and close those circles with trials." "The strategic defense (of those accused) was always to delay the cases," Wilkinson said.

The report notes a pattern in which pretrial proceedings drag on as defense lawyers appeal court decisions and file petitions seeking the recusal of judges.

"The repeated filing of such petitions has brought many key prosecutions to a standstill, and lawyers are not effectively sanctioned even when filing petitions that are manifestly frivolous," Wilkinson said.



A court in western Germany has ruled that a German man must serve the sentence of a Chilean court for his role in the sexual abuse of children at a secretive German colony in Chile.

The dpa news agency reported Monday that the court in the town of Krefeld said Hartmut Hopp must serve in Germany the five-year sentence given to him by a Chilean court in 2011 for 16 counts of aiding in the sexual abuse of children.

The crimes took place at the Colonia Dignidad enclave, where residents were physically and psychologically abused for three decades beginning in 1961 after moving there from Germany.

Hopp fled to Germany before the verdict took legal effect. The 73-year-old denies the charges and his attorney says he will appeal the ruling.




The Ohio Supreme Court wants to see unredacted autopsy reports from eight slayings in one family as justices consider media lawsuits seeking access to those full reports from the year-old, unsolved case.

The court on Wednesday ordered the Pike County coroner in southern Ohio to submit the reports within two weeks for justices to review outside of public view.

The case involves seven adults and a teenage boy from the Rhoden family who were found shot to death at four homes near Piketon last April.

The Columbus Dispatch and The Cincinnati Enquirer separately sued for access to the full autopsies.

Authorities want to shield information, arguing that its release could compromise the investigation. The coroner also says victims' relatives raised concerns about sharing details of how their loved ones died.




A U.S. Supreme Court decision reviving a challenge to several Virginia legislative districts could send lawmakers back to the drawing board, but Republicans say they are confident the state's current electoral map will withstand further scrutiny.

The justices on Wednesday tossed out a ruling that upheld 11 districts in which African-Americans made up at least 55 percent of eligible voters and ordered the lower court to re-examine the boundaries. The lawsuit accused lawmakers of illegally packing black voters into certain districts to make surrounding districts whiter and more Republican.

Democrats say they're certain the lower court will find the districts unconstitutional and force lawmakers to redraw them. Marc Elias, an attorney for the Virginia voters who brought the case, said they will push for that to happen before the November elections.

"It's important that the people of the Commonwealth don't have to have another election using unconstitutional district lines, and we will move forward as quickly as possible to make sure we have constitutional and fair lines in place for the 2017 elections," Elias said.

The top Republican in the Virginia House, however, said he's confident that the current boundaries will stand.



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