By Heejin Koo and William Sim
Jan. 26 (Bloomberg) -- Dow Chemical Co., Monsanto Co. and other U.S. makers of Agent Orange were ordered to pay damages to South Korean veterans of the Vietnam War, a judge said.
The U.S. chemical makers were ordered to pay a combined 60.8 billion won ($63 million) to South Koreans who served in the 1954-1975 conflict and their families, said Seoul Superior Court Judge Choi Byung Duk in a telephone interview. Park Sang Il, a lawyer for Dow Chemical, said the company will respond after it reviews the court ruling.
Dow Chemical, Monsanto and other makers have fought lawsuits at home and overseas for producing the herbicide that the U.S. military sprayed to defoliate forests and mangroves in order to destroy food and cover for Viet Cong forces. Symptoms associated with exposure to Agent Orange include cancer, nervous disorders, cardiovascular disease and diabetes.
The South Korean court ruled that the U.S. chemical companies should pay damages to 6,795 of the 17,200 members of the Victims of Agent Orange Veterans Association of Korea and their families who brought the suit. South Korea sent 320,000 soldiers to Vietnam during 1965-1973.
``We will explain our position after the ruling statement comes out in about one or two weeks,'' said Park Sang Il, a lawyer at Hwang Mok Park, a South Korean law firm representing Dow Chemical. ``If the ruling is unfavorable as reported, we will probably have to appeal it to the Supreme Court.''
Lee Gun Ung, a lawyer at Kim Chang & Lee, the law firm representing Monsanto, wasn't immediately available for comment.
Award
Veterans will be awarded between 6 million won and 46 million won according to their injuries, Judge Choi said today.
The South Korean ex-servicemen and their families had appealed a May 2002 ruling by the Seoul district court in favor of the U.S. companies.
``We welcome the ruling although it didn't favor all of the victims,'' said Paek Young Yup, a lawyer representing the South Korean veterans. ``It would be difficult to be overruled at the Supreme Court if appealed.''
A U.S. court in March ruled that Dow, Monsanto and dozens of other chemical manufacturers were not liable for damages caused by the spraying of Agent Orange.
U.S. District Judge Jack B. Weinstein dismissed a lawsuit brought by the Vietnam Association for Victims of Agent Orange/Dioxin on behalf of more than four million Vietnamese nationals exposed to Agent Orange and other toxic chemicals.
The court ruled that the spraying of the chemicals, known as Operation Ranch Hand, was not a war crime or genocide and not a violation of the Geneva Convention. The companies had argued that the suit should be thrown out because they were acting as government contractors.
Last Updated: January 26, 2006 04:38 EST
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