care benefits with Korea Workers' Compensation & Welfare Service and filed the lawsuit in
2014 after their application was turned down.
We concluded that this case can serve as a milestone in human rights protection and
improvement as it significantly affects the lives of both mothers and babies with congenital heart
diseases and as it can establish a new benchmark for similar lawsuits in the future.
We concluded that pregnant female workers and their fetuses require special protection from
harmful factors at workplaces when taking into consideration the protection of maternity and
the special protection of women's labor defined in the Constitution, international human rights
standards, and the purpose of the enactment of the Industrial Accident Compensation Insurance
Act. Also, in view of the fact that some diseases could only be diagnosed after birth and that
fetuses at the time could not be separated from their mothers, we concluded that it is desirable
for the protection of fetuses and their rights to recognize related damage to their health to be
work-related as ruled at the first trial.
Pregnancy and childbirth can raise the health risks of mothers, and damage to the health of
their fetuses adds mental anxiety and financial burden due to increased medical examinations.
Aggravation of the conditions of the fetus or mother can lead to a miscarriage. Therefore, we
concluded that the exclusion of damage to the health of fetuses from the targets of industrial
accident compensation insurance benefits, unlike miscarriages, is an act of shifting responsibility
onto female workers who have no liability and can constitute discrimination.
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Commission's Major Activities