石綿被害救濟에 관한 立法論

Forming Stronger Laws to Support Asbestos Victims

Kim, Choon Hwan


As developed countries fall under unfavorable circumstances regarding asbestos, there is a possibility of the same situation occurring in Korea. Only few patients who suffer from asbestos poisoning have shown up until now, but the numbers may increase in the future because high levels asbestos have been used within construction. In several recent cases lawsuits, the injured people were not awarded good relief from the existing laws in Korea as they are not strong enough.
At the present time, Korean laws arranged to ensure compensation for asbestos related injuries include civil compensation for damages and industrial accident compensation.
Therefore, Korea has to establish a new law to solve the problems. The object for remedy, the subject and method of deciding who is a victim, the scope of compensation, the level of relief funding, and the harmony with other laws must be included in the new law.
In the following article, French and Japanese Laws are introduced, and a comparative analysis of their legal systems is studied extensively.