Radon beds mattresses are piled up at the Daijin Bed factory in Cheonan. /Courtesy of Chosun DB

Consumers have won a partial victory in a class-action lawsuit against Daejin Mattress, a manufacturer of anions mattresses in which the radioactive substance "radon" was detected. The Supreme Court ruled that even if consumers did not suffer diseases due to radon mattresses, mental damages from exposure to toxic substances are a reality; thus, there is liability for damages. This is the first time the Supreme Court has set criteria for determining the recognition of damages.

On the 3rd, the Supreme Court's first division (Chief Justice Noh Tae-ak) ruled in favor of the consumers against Daejin Mattress, stating, "The lower court's judgment that Daejin Mattress is liable for damages equivalent to the price of the anion mattress and mental damages is legitimate."

This case began in 2018 when radon was detected at levels exceeding the standard in Daejin Mattress products. Radon is classified as a Group 1 carcinogen by the World Health Organization (WHO). Subsequently, the Nuclear Safety And Security Commission concluded that using the mattress for 10 hours exceeds the safe threshold of 1 millisievert (mSv) per year for radiation exposure. As a result, in 2018, over 570 consumers filed a lawsuit against Daejin Mattress claiming damages worth 10 million won each.

The first ruling issued a loss to the consumers in December 2023. The court stated, "At the time Daejin Mattress was manufacturing and selling the anion mattress from 2006 to 2015, there were no regulations on processed products using radioactive materials as raw materials," adding that "Daejin Mattress did not engage in actions that violated regulations."

Conversely, the second ruling issued a partial victory for the plaintiffs in December last year, ordering Daejin Mattress to pay about 1 million won in damages per consumer. The court remarked, "Even if there were no specific legal standards, using harmful radioactive substances in daily goods is fundamentally not permitted."

The Supreme Court deemed the second ruling appropriate. The court stated, "Consumers were exposed to radiation exceeding the safety threshold against their will while using the mattress and likely suffered mental distress. Even if victims exposed to toxic substances did not become ill, if the mental pain they experienced can be evaluated, they can be recognized for damages."

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