가습기살균제 피해의 행정구제의 문제점과 개선방안

• 영문명: The Problems of Administrative Relief of Humidifier Disinfectiant Injuries and Its Reform
• 발행기관: 한국환경보건학회
• 저자명: 박태현(Taehyun Park)
• 간행물 정보: 『1. 한국환경보건학회지』제45권 제4호, 310~320쪽, 전체 11쪽
• 주제분류: 공학 > 환경공학
• 파일형태: PDF
• 발행일자: 2019.08.30

영문 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.

목차

I. 서 론

II. 연구방법

III. 결 과

IV. 고 찰

V. 결 론

키워드

Humidifier disinfectant epidemiological study general/specific causation administrative remedy damages