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S. Korean court says worker's rare disease linked to Samsung
Videos for Legal Insight | 2017/08/28 08:57
South Korea's Supreme Court said a former worker in a Samsung LCD factory who was diagnosed with multiple sclerosis should be recognized as having an occupationally caused disease, overturning lower court verdicts that held a lack of evidence against the worker.

In a milestone decision that could aid other sickened tech workers struggling to prove the origin of their diseases, the Supreme Court ruled there was a significant link between Lee Hee-jin's disease and workplace hazards and her working conditions.

Lower courts had denied her claim, partly because no records of her workplace conditions were publicly available. The Labor Ministry and Samsung refused to disclose them when a lower court requested the information, citing trade secrets.

In its ruling Tuesday, the court said the lack of evidence, resulting from Samsung's refusal to provide the information and an inadequate investigation by the government, should not be held against the sickened worker.

Instead, it said, such special circumstances should be considered in favor of the worker.

Lee, 33, began to work at a Samsung LCD factory in Cheonan, south of Seoul, in 2002 when she was a high school senior. She evaluated nearly one hundred display panels per hour on a conveyor belt, looking for defective panels and wiping them with isopropyl alcohol. She worked next to assembly lines that used other chemicals.

Three years after she joined Samsung Electronics, she first reported the symptoms of multiple sclerosis, a rare disease that affects the central nervous system. The average age of reporting multiple sclerosis in South Korea is 38. She left Samsung in 2007.

Lee first filed a claim in 2010 with a government agency, which denied her request for compensation. She took her case to the courts and lost twice before Tuesday's victory.



Israeli protesters erect golden statue of High Court chief
Court Watch | 2017/08/27 08:57
Jerusalem residents woke to discover a surprising spectacle outside the country's Supreme Court — a golden statue of the court's president put up in protest by members of a religious nationalist group.

Police quickly removed the statue of Miram Naor, raised outside the court overnight, but after questioning some suspects, said no criminal activity had occurred.

Derech Chaim, which wants to impose Jewish religious law in Israel, said it had put up the statue to protest what one activist called the court's "dictatorship." Many Israeli hardliners consider the court to be excessively liberal and interventionist.

Ariel Gruner, a Derech Chaim activist, said the statue was erected in response to a court ruling this week over the country's treatment of African migrants. The ruling said that while Israel can transfer migrants to a third country, it cannot incarcerate them for more than 60 days to pressure them to leave.

The ruling is among a series of decisions that "eliminates the possibility of elected officials, of the government, to make decisions and rule," Gruner said.

He acknowledged that the statue had been inspired by a golden statue of Prime Minister Benjamin Netanyahu erected by a left-wing artist in a main Tel Aviv square last year.



Supreme Court justice blocks ruling on redrawing Texas districts
Videos for Legal Insight | 2017/08/26 08:58
U.S. Supreme Court Justice Samuel Alito on Monday temporarily halted enforcement of a lower-court ruling that required two Texas congressional districts to be redrawn.

Responding to an appeal by Texas Attorney General Ken Paxton, Alito halted action on the order and gave those who challenged the districts until Sept. 5 to address the points raised by Paxton’s appeal.

Sept. 5 is the day the three-judge court was to hold a hearing in San Antonio on redrawing the districts, including one based in Travis County and another that includes Bastrop County.

The court ruled two weeks ago that the districts were created by the Republican-controlled Legislature to intentionally discriminate against minority voters, who tend to favor Democrats.


Top NC court weighs lawmakers stripping of governor's powers

North Carolina's highest court on Monday tackled the question of how far the Republican-led legislature can go to minimize new Democratic Gov. Roy Cooper's ability to pursue goals that helped him get elected last year by reshaping state government.

The state Supreme Court heard arguments in a lawsuit brought by Cooper that claims legislators violated North Carolina's constitution this spring by passing a law diminishing the governor's role in managing elections.

It's the first time the high court has waded into the ongoing political battle between lawmakers and Cooper that began after he narrowly beat incumbent Republican Gov. Pat McCrory last November. GOP lawmakers have sought to diminish Cooper's powers ever since.

The governor's lawyers told the seven-member court that the General Assembly violated the constitution's separation of powers requirement by reshaping the state elections board in ways that entrench Republican advantage. Elections boards are examples of the types of bodies that implement laws, functions that the state constitution requires from governors.


South Korean court sentences Samsung heir to 5 years prison
Headline Legal News | 2017/08/24 08:58
A South Korean court sentenced the billionaire chief of Samsung to five years in prison for crimes that helped topple the country’s president, a stunning downfall that could freeze up decision making at a global electronics powerhouse long run like a monarchy.

The Seoul Central District Court said Friday that Lee Jae-yong, 49, was guilty of offering bribes to Park Geun-hye when she was South Korea’s president, and to Park’s close friend, to get government support for efforts to cement his control over the Samsung empire. The revelations that led to Lee’s arrest in February fed public outrage which contributed to Park’s removal.

A panel of three judges also found Lee guilty of embezzling Samsung funds, hiding assets overseas, concealing profit from criminal acts and perjury. Prosecutors had sought a 12-year prison term.

The court said Lee and Samsung executives who advised him caused “a big negative effect” to South Korean society and its economy.

“The essence of the case is unethical collusion between political power and capital,” the court said in a statement. It led the public to fundamentally question the public nature of the president’s work and to have “mistrust in the morality of the Samsung group,” it said.

The families who control South Korea’s big conglomerates, known as chaebol, were lionized a generation ago for helping to turn South Korea into a manufacturing powerhouse put public tolerance for double standards that put them above the law has been rapidly diminishing.

Analysts said the verdict will not immediately have an impact on Samsung’s business operations, which are overseen by three chief executives. The company has successfully weathered past crises that include two recalls of Galaxy Note 7 smartphones prone to catch fire and Lee’s arrest. It is set to report its highest-ever earnings this year.

But long-term business decisions, such as finding future growth areas and identifying companies for acquisitions, may have to be put on hold.


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