How are you? I sincerely wish for protection of God to all the Agent -Orange victims of nations which participated in Vietnam War and Agent-Orange victims and their families in Vietnam and to all of you who are here today in this forum.
First of all I am much honored to deliver my speech at 2nd International Forum held for remembrance of 50th year since spraying of Agent-Orange.
I. Introduction of organization
Our Association received authorization from Ministry of Patriots and Veterans Affairs on Dec. 10, 1997. We are K.A.O.V.A - Korean Disabled Veterans Association by Agent-Orange in
Vietnam War- which is engaged in the activity for promoting welfare and upholding honor of people who are related and suffering from complication of effect from Agent-Orange while they were participating either in Vietnam War or those who are suffering from complication after spraying Agent-Orange during their service in DMZ of Korea. We are comprised of our branches in 16 cities and provinces and 218 chapters in cities, Kuns and Kus in Korea and 3 overseas branches respectively in the United States, Vietnam and Germany.
During the 1st International Forum held in March 2006, Korean delegation consisting of 30 persons participated and with VAVA we established sisterhood relationship since 2004 and we have been engaged in mutual cooperation and exchange for joint effort related to countermeasures for victims of Agent-Orange.
II. Status of victims of Agent-Orange
In Republic of Korea we have 128,000 victims of Agent-Orange among participants in Vietnam War and about 1,000 victims of Agent-Orange among those who served in DMZ of Korea and they are suffering gravely from complication of Agent-Orange effect even now.
As all of you may well know Agent-Orange was herbicide which was used for the purpose of securing field of vision through removing dense forest during the war in Vietnam. Dioxin which was generated from its mixture is a toxic chemical of extreme toxicity which can kill 20,000 people with 1 gram. During the war such danger was totally unknown and there was some tragic episode that some people got wet themselves purposefully with Agent-Orange sprayed from airplane in the sky to avoid bites of mosquitoes.
After end of war since 1970s soldiers of nations which participated in Vietnam War began to suffer from disease of unknown origin and from around 1978 it became a big social issue in the United States.
The war veterans of the Republic of Korea died in their youthful ages of thirties and forties without knowing cause of their sickness.
Comrade in arms who later discovered that they were suffering from incurable disease sometimes killed themselves to protect their families from misery because of themselves.
Sometimes before an overseas Korean who was a veteran participated in Vietnam War and was then living in Australia visited Korea and spoke openly about Agent-Orange used during Vietnam War and it was reported on daily newspapers on Feb. 13, 1992 and problem of Agent-Orange became known in Korea too. Ministry of Defense announced its advice to war veterans to report the case of any damage from Agent-Orange either to Ministry of Defense or each army headquarters from May 26, 1992.
The comrade in arms who were suffering from sickness by Agent-Orange felt the need of an organization which can function as a spokesperson for such victims toward the government thus established such organization and began their struggle for fact-finding of the case. On March 27, 1993 Korean government enacted and promulgated law for supporting Agent-Orange victims. Accordingly our organization engaged in its activity as a voluntary organization earlier was formally established as an organization under the law on Dec. 10, 1997 and is subjected to control of Ministry of Patriots and Veterans Affairs.
Concurrently in May 1999 our Association filed lawsuit for compensation of loss due to Agent-Orange against Agent-Orange manufacturing companies of the United States and that lawsuit is still ongoing and we need keen international interest for it.
Recently there were Americans by the names of Steve House and Robert Trebis who were former u.s. soldiers stationed in Korea confessed about the fact of burial of about 250 drums Agent-Orange at Camp Carroll which is located at Waegwan, Chilgok-gun, Gyeongbuk, Korea. According to their such announcement whole Korea shuddered with shock and astonishment and we who are personal victims could not believe our own eyes and ears. Next day of such announcement our Association urged Korean government to find out the truth and since that day all the attention of news and newspapers in Korea are directed toward burial of Agent-Orange.
Attention on the incident has been expanding continuously and questions were raised not only with Camp Carroll but also with other areas where bases of u.s. soldiers are stationed accordingly now Korean government is investigating it jointly with Americans.
If it turns out to be true then this Association will ask responsibility to the culprit and will not hesitate to take collective actions for compensation of loss. At the time of foundation of our Association in 1997 we only managed Agent-Orange patients among Vietnam War veterans but since 2000 we came to manage about 1000 Agent Orange patients from those served at Korean DMZ accordingly the domestic incident of burial of Agent-Orange of America is directly connected to US.
Accordingly for the purpose of discouraging the press which is engaged in bigoted report and to assuage feeling of anxiety among general public we made public announcement on Memorial Day. But the United States government should know that we will not sit idly by and turn our eyes away from this issue.
III. Lawsuit for compensation of damage by Agent-Orange and countermeasures
Since foundation of our K.A.O.V.A. on Dec. 10, 1997 we established our plan for filing lawsuit for compensation of damage by Agent-Orange. In May 1999 we found out that Dow Chemical and Monsanto of the United States were engaged in operation and production in Republic of Korea in a form of multi-national enterprise and we filed for temporary confiscation of 132 patents to Seoul District Court and in August 1999 we received decision for temporary confiscation from Seoul District Court. On Sept. 30, 1999 we began our lawsuit on compensation for loss due to Agent-Orange against Dow Chemical and Monsanto and 6 other companies (US$ 500,000 per capita).
The first lawsuit which started with 17,141 participants went through several times of trials and on May 23, 2002 Civil Case the 13th Collegiate of Judges of Seoul District Court gave their decision to dismiss the case on the ground 1) of lacking evidence for proving causation between Agent-Orange and the sickness and 2) extinctive prescription of occurrence of Agent-Orange could not be accepted thus consequently the plaintiff side lost the case.
Accordingly on June 15, 2002 we filed for intermediate appeal to Seoul High Court and on Dec. 9, 2004 through mediation of the court delegates from our Association, legal counsel for the lawsuit and legal counsels on the side of the defendants tried to have amicable settlement but due to opposition from the defendants it was frustrated. Thus the court gave its decision on the date for process and it was closed.
On January 26, 2006 at final judgment of the appeal among 17,141 persons participating in total 6,795 persons were recognized as suffering from 11 diseases namely (1) Non-Hodgkin’s Lymphoma (2) Porphyria cutanea tarda (3) soft tissue sarcoma (4) Chloracne (5)Hodgkin\'s Lymphoma (6) Lung Cancer (7) Larynx Cancer (8) Broncus Cancer (9) Multiple myeloma (10) Prostate Cancer (11) Type 2 Diabetes except those suffering from Periphery disease and Burgher\'s disease and those 6,795 persons won the case and decision was made for automatic payment of an amount ranging from 46 million Won maximum to 6 million Won minimum per capita. It was the first case of court decision in the world which made favorable decision for patients suffering from complication of disease related to Agent-Orange thus attracted attention at home and abroad.
But majority of the patients were excluded from the lawsuit which was won by the plaintiff. For this reason this Association decided to file the final appeal to the Supreme Court and filed it on March 14, 2006 and it is going on now but there was not even a chance for oral proceedings.
In consideration of the issue being internationally sensitive this Association surmised that there must have been invisible external pressure (American manufacturing company) thus we dispatched group for petitioning our case through visit to the United States for 4 times (1st in 2000; 2nd in 2003; 3rd in 2006) for Oct.04-15, 2010 for the promotion of lawsuit for compensation of damage by Agent-Orange and had display of pictures on damage of Agent Orange in front of the White House and letter of appeal to President Bush and President Obama and members of the House of Representatives and Senators were delivered.
Our visit not only prompted interest from domestic press but also from foreign correspondents too. Also it was an occasion for not only informing tourists from different countries of the world but also American students about danger of Agent Orange and chemical warfare.
We wish that lawsuit on Agent Orange started in Republic of Korea lawsuit can proceed smoothly and may remain as good examples internationally. To realize that international interest and support will be required.
IV. Closing words
Agent Orange is one of the worst toxic chemicals ever produced by human beings. Its damage is as extensive as any chemical warfare. For what reason no chemicals harmful to human body are allowed to be used. After elapse of 45 years from end of the war we got together here with common denominators as victims of Agent-Orange. At least there are thousands of victims of Agent-Oranges or hundred thousands of them when fully accounted thus there should be proper compensation and treatment of these people and they need continuous interest and support internationally.
We, victims of Agent-Orange should let the world be informed about seriousness and danger of chemical warfare so that no more victims like US will ever emerge again. In closing we sincerely wish for success and much achievement through the 2nd International Forum this time. Thank you.
Lee Hyung Kyu (Republic of Korea)
President, the Korean Disabled Veterans Association by Agent-Orange in Vietnam War (K.A.O.V.A.)
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