Prosecutors Reinvestigating 'Hamburger Disease' Case Again Dismiss Charges Against McDonald's Korea... Former Executive Indicted Only for Obstruction of Official Duties by Abuse of Authority

Initial Epidemiological Investigation Inadequate... Difficult to Recognize Significant Causal Relationship

On September 12, 2018, Choi Eun-joo, the mother of a child affected by hamburger disease, held a solo protest urging for a reinvestigation in front of the Korea McDonald's headquarters in Jongno-gu, Seoul. Choi's five-year-old daughter developed hemolytic uremic syndrome, losing kidney function after being infected with E. coli from eating a hamburger. Photo by Moon Ho-nam munonam@

[Asia Economy Reporter Choi Seok-jin] The prosecution re-investigated the so-called 'hamburger disease' allegations but judged that it is difficult to recognize a significant causal relationship between McDonald's hamburgers and the occurrence of the disease, and once again dismissed charges against McDonald's Korea.

However, the prosecution confirmed that former executives of McDonald's Korea and former employees of the beef patty manufacturer conspired to deceive the responsible officials by falsely claiming that the contaminated patties remaining in some stores had all been used up, thereby avoiding administrative sanctions such as suspension of manufacturing, and indicted them on charges of obstruction of official duties by deception.

The Criminal Division 2 of the Seoul Central District Prosecutors' Office (Chief Prosecutor Kim Hyung-soo) announced on the 30th that it had decided not to prosecute McDonald's Korea, which was accused of causing injury by negligence and violating the Food Sanitation Act.

The prosecution analyzed materials seized from McDonald's Korea and investigated related parties and experts several times but judged that it is difficult to recognize a causal relationship between McDonald's hamburgers and the victims' development of 'hamburger disease.'

It is difficult to recognize the violation of the Food Sanitation Act because it is hard to believe that McDonald's Korea knowingly produced and sold hamburgers while aware of the contamination or risk of contamination of patties supplied by the patty manufacturer, McKey Korea.

Regarding the charge of causing injury by negligence, the prosecution stated that it was difficult to recognize a causal relationship between the hamburgers consumed by the victims and the disease because an epidemiological investigation was not properly conducted in the early stages of the incident.

However, the prosecution indicted former Executive Director Kim of McDonald's Korea, Director Song, and Factory Manager Hwang of McKey Korea without detention on charges of obstruction of official duties by deception.

They are accused of deceiving the responsible officials by claiming that the stock of about 4,500 contaminated patties had been used up, despite receiving a notification of 'unsuitability' on June 30, 2016, after McKey Korea detected enterohemorrhagic E. coli in the beef patties, thereby avoiding administrative sanctions such as suspension of manufacturing.

The hamburger disease controversy began in September 2016 when a parent filed a complaint against McDonald's Korea in July of the following year, alleging that their child developed hemolytic uremic syndrome and was diagnosed with grade 2 kidney disability after eating an undercooked hamburger at a McDonald's store, accusing the company of violating the Food Sanitation Act.

At that time, the prosecution investigating the case dismissed charges against McDonald's Korea and its employees in February 2018 due to lack of evidence proving McDonald's responsibility, and only indicted McKey Korea and three company officials on charges of violating the Livestock Products Sanitary Control Act without detention. In the first trial verdict held in January, some were found guilty.

Meanwhile, the complainant appealed the prosecution's non-prosecution decision against McDonald's Korea and its employees, but both the prosecution's appeal and the court's review request were dismissed in October 2018.

This re-investigation by the prosecution was conducted following a complaint filed in January 2019 by nine civic groups, including 'Mothers Who Do Politics,' accusing McDonald's Korea and the patty supplier of violating the Food Sanitation Act and causing injury by negligence.

This content was produced with the assistance of AI translation services.