일본의 전자파 규제법제와 관련 분쟁사례 분석

Abstract

We are usually exposed to a lot of electromagnetic fields not only in electronic products such as TV, radio, cellular phones but also in diverse fields such as X-ray pictures or radioactive treatment etc. The fact that these electromagnetic fields can be harmful to human body now belongs to the common sense more or less to us. Of course, if we have obvious scientific supporting evidences or research results regarding the harmfulness of electromagnetic fields, we shall be able to open the possibility of the concrete relief or the regulation means to protect us from the harmfulness. However, in reality, it is difficult to search for the obvious scientific evidences as to the harmfulness of electromagnetic fields, and just only the possibility of danger is suggested. In these situations, the necessity is recognized to study the case of the disputes over the damages to the environment or health owing to electromagnetic fields in japan. So in this thesis we reviewed dispute cases and precedents related to the electromagnetic fields in Japan where the issues owing to electromagnetic fields have been recognized socially and the disputes therefrom have been experienced several times rather than in Korea. As the result of study, we could not confirm the precedent which accepted the request of construction prohibition, the request of withdrawal·transfer, the request of operation prohibition for the reason of health damages owing to electromagnetic fields related to power cables or mobile phone base stations in Japan. The biggest cause is in that the court doesn’t acknowledge concrete danger, high-degree probability, that is, the scientific cause and effect relationship between the exposure of electromagnetic fields and the damages thereby regarding the evidence as to the worry of health damage by electromagnetic fields the plaintiff submitted. At length, the portion to be confirmed through Japanese dispute cases and precedents means that the relief itself of the damages owing to electromagnetic fields is extremely difficult within the frame of previous judicial relief system. Therefore, as most of the countries don’t focus on the relief of the damages in the environmental health owing to the exposure of electromagnetic fields but they emphasize the prevention thereby and management, and a continuous research and development for the prevention of the damages, so it is important for us to establish the regulation standard by public law for the prevention of damage occurrence or management. Of course, we shall continue the study to verify the scientific cause and effect relationship between the exposure of electromagnetic fields and the damages therefrom.