가습기살균제 피해의 행정구제의 문제점과 개선방안
The Problems of Administrative Relief of Humidifier Disinfectiant Injuries and Its Reform
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초록
Objectives: The purpose of this study is to identify the causes of the retardation of administrative relief under the Special Act on Remedy for Damages Caused by Humidifier Disinfectant and to suggest the systematic refurbishment of this act for the quick and fair of relief of damages. Methods: This study was conducted through the application of the case study, literature review and systematic interpretation of law methods. Results: The disease subject to administrative relief under the Special Act is defined as health damage causally associated to a substantial degree with exposure to humidifier disinfectant. This definition is a strict requirement in light of the legislative purpose of prompt and fair relief of damages. Furthermore, the damage relief committee established under the Special Act judged causal relationships according to a rigorous standard in terms of medical certainty. This medical evidence-based judgment is a result of the committee’s failure to understand the normative meaning and function of a causal relationship as an outcome of inference based on empirical rules and common sense. Conclusions: Humidifier disinfectant health damage should be defined as a health-related injury capable of occurring or deteriorating after exposure to humidifier disinfectant (HD). If the fact that a particular injury occurred or worsened after exposure to HD was found, then the damage can be presumed as being caused by HD. However, this might not be the case when the injury was considered to have occurred or been exacerbated entirely due to other factors.
Abstract
Objectives: The purpose of this study is to identify the causes of the retardation of administrative relief under the Special Act on Remedy for Damages Caused by Humidifier Disinfectant and to suggest the systematic refurbishment of this act for the quick and fair of relief of damages. Methods: This study was conducted through the application of the case study, literature review and systematic interpretation of law methods. Results: The disease subject to administrative relief under the Special Act is defined as health damage causally associated to a substantial degree with exposure to humidifier disinfectant. This definition is a strict requirement in light of the legislative purpose of prompt and fair relief of damages. Furthermore, the damage relief committee established under the Special Act judged causal relationships according to a rigorous standard in terms of medical certainty. This medical evidence-based judgment is a result of the committee’s failure to understand the normative meaning and function of a causal relationship as an outcome of inference based on empirical rules and common sense. Conclusions: Humidifier disinfectant health damage should be defined as a health-related injury capable of occurring or deteriorating after exposure to humidifier disinfectant (HD). If the fact that a particular injury occurred or worsened after exposure to HD was found, then the damage can be presumed as being caused by HD. However, this might not be the case when the injury was considered to have occurred or been exacerbated entirely due to other factors.
참고문헌 (19)
- "Portal supporting for Humidifier Disinfectant Damages"[URL]
- Ministry of Environment Press Release, "27 additional victims of humidifier disinfectants recognized… 835 persons in total”; 2019. 7. 10.“victims who are to qualify for administrative remedies...2,144 persons in total", ~ (2019)
- Supreme Court of Korea, "Reference Manual on the Environmental Adjudication, series IV", 20~ (2003)
- 안경희, "환경침해에 대한 민사법적 구제", 환경법연구, 28(3), pp.3~58 (2006), 한국환경법학회
- 박태현, "환경오염으로 인한 건강피해소송에서 역학연구를 통한 인과관계의 입증 - 판례법리를 중심으로 -", 법학논총, 38(3), pp.173~199 (2014), 법학연구소[DOI]
- Kim HK, "Environmental Law", pp.1015~ (2014), Hongmoonsa
- 이연갑, "역학연구결과에 의한 인과관계의 증명", 법조, 61(7), pp.110~150 (2012), 법조협회[DOI]
- Cheon KW, "The Theory on Environmental Civil Law", pp.157~ (2009), Jipmoondang
- Park GS, "Taesung Ham, Environmental Law", pp.167~ (2013), Pakyoungsa
- Federal Judicial Center, "National Research Council", Reference Manual on Scientific Evidence, 2011, pp.549~632
- The American Law Institute, "Restatement of the Law Third Torts: Liability for Physical and Emotional Harm Vol. 1", ~ (2010)
- Marcia R, "The Uses of Scientific Information in Environmental Decisionmaking", Southern California Law Review, 48, pp.371~427 (1974)
- Albert C. Lin, "Beyond tort: compensating victims of environmental toxic injury", Southern California Law Review, 78, pp.1439~1528 (2005)
- Ruhl. JB, "Toxic tort remedies: the case against the ‘superduper fund’ and other reform proposals", Baylor Law Review, pp.597~637 (1986)
- The Plan for Expansion of Health Damage of Humidifier Disinfectant direction (draft), "Chairman of Review Committee for Standard of Health Damage of Humidifier Disinfectant", 1~2
- L. Grant Foster, "A case study in toxic tort causation: scientific and legal standards work against recovery for victims", Environmental Law, 19(1), pp.141~165 (1988)
- Cheon GS, "The proof of causation in the environmental pollution litigation", Supreme Court Law Review, 8, pp.127~150 (1977)
- "Special Investigation Commission on Humidifier Disinfectant Disaster and April 16 Sewol Ferry Disaster, Household survey for the victims due to humidifier disinfectants", 93~97 (2018)
- Study for Improving recognition and judgment standard of health damage of humidifier disinfectant (I), "Lim JH", 218~220 (2018)