​Toxic disinfectant-maker switched company status: reports

Korea Herald 2016 4 14

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The manufacturer of toxic humidifier disinfectant Oxy Ssak Ssak was found to have established a new corporate body, allegedly to evade criminal and civil responsibility for the deaths of at least 92 product users, sources said Wednesday. 

(Yonhap)

According to legal sources, Reckitt Benckiser changed its organization type from “corporation” to “limited liability company” in December 2011, when public anger peaked after the government confirmed the toxicity of Oxy Ssak Ssak and ordered the product withdrawal from the market. 

Under the law, criminal charges can be dismissed if a defendant dies or the accused corporation does not exist anymore.

In 2005, the top court made a ruling that the criminal accountability of a company could not be transferred to a subsequent company if the original company does not exist.

Although Reckitt Benckiser changed the organization type, it was found that the company kept all the shareholders, employees, assets and the name as same.

The company was also accused of deleting customers’ complaint posts on its website before prosecutors sought to raid the office in February, raising speculation the company attempted to conceal the fact it had known about the toxicity of the product.

The prosecution confirmed that the company had removed hundreds of Oxy Ssak Ssak-related complaints posted from 2001. This was found after prosecutors recovered the seized computer server and used digital forensics to examine it.

The complaint posts reportedly included details of aftereffects of using the product, such as breathing difficulties and feeling pressure on the chest.

The manufacturer, however, consistently insisted to customers that such symptoms were temporary, the prosecution said.

The company was unavailable for comments when contacted by The Korea Herald.

U.K.-based company Reckitt Benckiser took over Korean daily supplies company Oxy from Oriental Chemical Industries Group in 2001.

The prosecution launched a special probe team in late January to investigate the toxic humidifier disinfectant tragedy that injured at least 221 with lung-related diseases, with 92 killed, since 2011. While more than 500 users initially filed complaints, the Environment Ministry confirmed only 221 cases where a connection between the symptoms and the disinfectant use could be proven.

Civic groups, however, have claimed that the number of victims is much greater, citing the strict criteria of the government.

The majority of the victims were found to have used Oxy Ssak Ssak, which occupied the majority share of the market for a decade until it was withdrawn from the market in 2011. ​