Former CEOs of SK and Aekyung sentenced to prison for selling toxic humidifier sterilizer

Humidifier fungicide victims and civil society organizations hold a press conference on the sentencing hearing of humidifier fungicide SK, Aekyung and Imart in front of the Seocho-gu High Court in Seoul on Nov. 11. By Sung Dong-hoon

Former executives of humidifier disinfectant manufacturers were convicted for selling toxic products in the appeal trial, after being acquitted in the first trial. It has been about 13 years since the humidifier sterilizer scandal broke in 2011.

The Seoul High Court sentenced Hong Ji-ho, former CEO of SK Chemical, Han Soon-jong, former Managing Director of SK Chemical, and Ahn Yong-chan, former CEO of Aekyung Industrial, to four years in prison, respectively, overturning the original acquittal. No legal detention was made to guarantee their right to defend themselves.

Ten other SK Chemical, Aekyung Industrial, and E-Mart staffers were also sentenced to two years to three and a half years in prison. Some of them were also ordered to be suspended from prison in consideration of the degree to which they participated in the crime. A person who is sentenced to imprisonment is imprisoned in prison like a jail sentence, but does not engage in forced labor.

Former CEO Hong and others were indicted in July 2019 on charges of manufacturing and selling humidifier disinfectant products "Humidifier Mate" using toxic chemicals without verifying its safety, causing 98 casualties. The trial court said that the defendants were fully culpable for manufacturing and selling Humidifier Mate without conducting any safety tests. Earlier, the first trial court acquitted the defendants, saying there was a lack of research to prove a link between chloromethylisothiazolinone (CMIT), methylisothiazolinone (MIT), which are the main ingredients in humidifiers, and lung disease. However, the appellate court recognized the causal relationship between CMIT and MIT based humidifier sterilizers and lung disease and found that the companies breached their duty of care to verify safety.

The court said, "It was a case in which a humidifier disinfectant was distributed to an unspecified number of people without proper safety tests on animals before the product was released, and a chronic inhalation toxicity test was conducted on people around the country."

It also added, “The victims and their families have repeatedly complained not only of the physical damage but also of the extreme mental suffering they have endured, and to this day, they have not fully recovered from the damage. As a result, the defendants must be severely punished for their responsibilities."

The victims and bereaved families who filled the court called the appeals court's ruling as a "half victory.” Min Soo-yeon, a victim of the humidifier sterilizer, said at a press conference after the court ruling, "The sentence the prosecution asked for was too low, but I cried today because even that was not sentenced," adding, "But I really appreciate that they were found guilty in the second trial."

After the ruling, Aekyung said, "We respect the court's judgment and humbly accept it," adding, "We will do our best to help the recovery of the victims.”