Court ‘recognizes company liability for radon bed incident’... Consumers ‘partially win’ in second trial

Class action lawsuit filed by consumers affected by radon beds, wins first appeal after losing in first trial
Appeals court: “Manufacturing and selling mattresses using radioactive substances harmful to the human body is illegal… compensation, including compensation, must be made.”

In a class action lawsuit filed by victims of the so-called “radon bed incident,” where radioactive materials were detected in mattresses and sparked controversy, the appeals court ruled that mattress manufacturers must compensate consumers for damages.

It is said to be the first successful case among appellate trials targeting the same company, overturning the conclusion of the first trial, which ruled that all plaintiffs lost.

Civil Division 18-1 of the Seoul High Court (Presiding Judge Wang Jeong-ok, High Court Judges Park Seon-joon and Jin Hyeon-min) overturned the original trial ruling in the appeal trial of the damages claim lawsuit filed by about 600 consumers, including Mr. Kim, against the state and Daejin Bed Co., Ltd., and ruled that Daejin Bed should pay 1 million won per person as alimony along with the price of the mattress.

The so-called 'radon bed incident' began in May 2018 when news broke that a large amount of radon exceeding the standard was detected in the mattress of Daejin Bed Co., Ltd. Radon is a substance designated as a class 1 carcinogen by the World Health Organization (WHO) and is known to cause lung cancer.

Consumers claimed that Daejin Bed applied ‘Mozanite’ to generate negative ions, and that the annual radiation exposure due to radon emitted from Mozanite exceeds safety standards. At the same time, he emphasized that Daejin Beds committed an illegal act by selling these products and suffered from physical and mental illnesses due to constant exposure to radiation through the use of the products.

The Civil Division 30 of the Seoul Central District Court, which was in charge of the first trial, ruled that Daejin Bed was not responsible, ruling that Daejin Bed was not responsible, saying, “It is difficult to say that Daejin Bed was aware of the hazard as there were no laws regulating radioactive materials at the time of manufacturing and selling the mattress, and the maximum annual radiation exposure dose from the mattress is a low dose of 13 mSv (millisievert), making it difficult to recognize a causal relationship with the disease.”

Consumers appealed against the first trial ruling, and the second trial ruled in favor of the consumers.

Civil Division 18-1 of the Seoul High Court, which heard the appeal, said, “Around 2005, when the defendant manufactured the mattress, it was already recognized that the human body could be harmful if exposed to radiation above a certain amount,” and ruled, “Even if there were no specific legal standards at the time the mattress was manufactured and sold, the use of radioactive substances harmful to the human body is not permitted in principle.”

The appellate court continued, “The plaintiffs were exposed to radiation exposure that exceeded the safety standards set by the Daily Radiation Act against their will in the bedroom, which should be the most comfortable and safe, without receiving any warning about the possibility of exposure to radiation while using the mattress in this case,” and ruled, “Defendant Daejin Bed Co., Ltd. is obligated to pay the plaintiff the price of the mattress, 1 million won each in alimony, and delay damages.”

Attorney Hwang Se-jeong of Daeryun Law Firm (Limited), who represented consumers in this lawsuit, said, “Unlike the original trial, it is very meaningful that the bed company was also acknowledged as responsible,” and added, “As the appellate court said it would reach a conclusion on the remaining lawsuits through consultation, we expect a good result.”

Attorney Hwang Se-jeong also added, "Following this ruling, other consumers seeking additional relief for damages are expected to be able to receive sufficient compensation. Based on Daeryun's capabilities specialized in class action lawsuits, we will continue to do our best to protect consumers' rights in the future."

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 Lawleader - Court ‘recognizes company liability for radon bed incident’... Consumers win ‘partial victory’ in second trial (link)