석면피해구제의 비용부담과 원인자책임원칙

There are gradually increasing numbers of people who suffer from injuries resulting from exposure to asbestos in Korea. The numbers are predicted to continue rising, when considering the amount of asbestos used, latency of asbestos-related diseases, and so on. Korean legal arrangements to ensure compensation for asbestos-related injuries include civil compensation for damages and industrial accident compensation. Yet, we have many difficulties in obtaining quick and fair compensation of injuries resulting from exposure to asbestos under current legal systems.
In this aspect, many people have been suggesting to make a special law, in order to compensate injuries from exposure to asbestos more successfully. The law shall include provisions on the persons subject to compensation, deciding body, method of decision, scope of compensation, financial resources and relation with other compensation or indemnity.
I focused on who should pay cost of compensating for asbestos-related injuries. In a point of view that Polluter Pays Principle should be taken into considering cost sharing, I tried a comparative analysis of cost allocation methods in France’s FIVA, Japan’s Asbestos Health Damage Relief Fund and the bills presented to Korean assembly. Based on these analysis, I suggested how to incorporate provisions on the financial resources in the special law.