By Park Si-soo
Staff Reporter
Asthma patient Kwon Joong-hee ventured out of her home Wednesday morning despite her primary doctor's warning that outdoor activities in the freezing cold could exacerbate the condition.
The cold weather and the doctor's advice couldn't deter the 61-year-old grandmother from going to the Seoul Central District Court in southern Seoul to watch a historic ruling that could have a substantial impact on her life as well as on the nation's auto industry.
She was one of the 23 asthma patients, who filed an unprecedented collective lawsuit three years ago against the central and Seoul city governments as well as seven automakers here for their alleged failure in keeping air in the bustling city clean and pure.
She was diagnosed with asthma 13 years ago. Finding a lump in her lung in 2008, she had to quit her career as a street vender selling yogurt, which she engaged in for the past two decades.
In the litigation, they sought 30 million won ($26,000) in compensation for their worsened health conditions from the accused automakers, including Hyundai, Kia, GM Daewoo, Renault Samsung and Ssangyong, as a result of what they called "uncontrolled" pollutant emissions from sedans and busses they had produced. They also sought for the companies' comprehensive overhaul of the car manufacturing process and tougher state regulations on gas emissions.
But the court Wednesday rejected their petition, citing "insufficient" evidence as a primary reason.
"While the plaintiffs submitted strong evidence for the case, the defendants also provided considerable evidence against the plaintiffs' claim," Judge Lim Chae-woong said in the ruling. "As the court doesn't have expert knowledge in the scientific area, it made a legal judgment based on the evidence provided and the law. And we reached a conclusion that the way the plaintiff chose to prove the cause and effect between air pollution and asthma was imperfect."
The judge added, "The decision was made wholly based on submitted evidence. If the plaintiffs appeal the verdict and take a fresh approach, the result could be overturned."
Lawyer Lee Young-ki, who represents the plaintiffs, said he will appeal.
"It's a regrettable decision," Lee told The Korea Times in a phone interview. "It has already proven by many studies that air pollution by cars is a major cause of worsened respiratory diseases such as asthma."
Citing a similar case in Japan, the lawyer said he was confident of overturning the decision in an appellate court.
In fact, a similar suit was brought up in Tokyo by a group of asthma patients. And in 2007, a provincial court there ordered the Tokyo government to compensate the patients and take responsibility for the polluted air condition. The plaintiffs withdrew the suit in exchange for state compensation, according to the lawyer.
"I will keep fighting," Kwon said. "Maybe you don't know how tough it is for an asthma patient to breathe in this polluted environment. It's not just for me, but for countless people with similar hardships."