• Journal of Environmental Health Sciences
• /
• v.45 no.4
• /
• pp.310-320
• /
• 2019

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.

• Journal of Environmental Policy
• /
• v.12 no.1
• /
• pp.75-100
• /
• 2013

Health damages such as pneumoconiosis and kidney damage, caused by environmental hazardous factors are being reported in health impact assessment conducted on environmentally vulnerable areas, including cement factories and refineries. Current legal system for relieving the environmental victims is not effective enough because the environmental health act does not specify the environmental hazardous factors to be considered for the relief. The aim of this study is to examine the problems of the existing system by making empirical analysis on health damages and afflicted people as well as on cases when afflicted people were able to be covered by remedy system. The results show that, insufficiencies of the relief system are due to the following reasons: First, current Environmental Health Act does not act well as a remedy system. Second, due to its unique nature of environmental health damage, it is hard to identify and prove the cause of health damage and unlawful actions of violators in the process of environmental dispute conciliation and lawsuits against polluters. This paper suggests following solutions on above mentioned problems. First, in defining the range and definition of environmental diseases, negative system should be used alongside with the current positive system. Second, we suggest adding the nature of public law to relief system, in order to ease the legal burden of proof. Third, in case when it is hard to identify the polluters and one cannot expect reliefs for their damage, it is possible to elevate the effectiveness of the relief measure by expanding scope of the search for possible environmental hazardous factors that caused the health damage. It is urgent to improve the relief system so as to secure the environmental rights of Koreans.

• Journal of Environmental Health Sciences
• /
• v.47 no.5
• /
• pp.379-383
• /
• 2021

This paper discussed environmental health policies for the past and coming decade by reviewing the First Comprehensive Environmental Health Plan (2011~2020) and introducing the Second Comprehensive Environmental Health Plan (2021~2030). The major achievement of the First Comprehensive Environmental Health Plan was the establishment of receptor-oriented environmental health policies. However, the main limitations were insufficient policy support for relief and/or recovery from environmental pollution damage and low public awareness of environmental health policies. The Second Comprehensive Environmental Health Plan presents the following major policy tasks: establish an omnidirectional environment health investigation and monitoring system, provide customized environmental health services, improve the environmental health damage relief and recovery system, and promote regional environmental health policies. The Second Plan has a clear distinction from the First Plan in that it expands the field of environmental health from the prevention and management of environmental risk factors to proactive damage response and recovery, which will effectively contribute to alleviating the burden of environmental disease.

• Journal of Arbitration Studies
• /
• v.27 no.4
• /
• pp.199-222
• /
• 2017

Currently, many punitive damages (or statutory damages) and class action laws are discussed in relation to the consumer damage relief system. It is in the background of the argument that the introduction of such a victim relief system will solve many small and large consumer damages. There are many cases in which the punitive damages compensation or the class action system are introduced in relation to the food safety damage naturally. Although the introduction of such a system can clearly help the consumer to relieve large-scale damage, it can not solve all the problems at once because the company can reject the system despite the introduction of such a system. In particular, class action lawsuits should have the same type of damage, but most of the damage caused by food safety is accompanied by physical harm, resulting in various complications such as the physical characteristics of the victim, the health environment. The class action system may not provide a solution in that the content and type of the damage may be different. In this regard, this study aims to investigate the introduction of the food safety damage relief system through the introduction of an administrative dispute settlement system by an administrative agency that occupies an absolute position in the existing consumer protection from this point of view. In reality, the Food and Drug Administration, which is the largest among government agencies related to food, operates a passive attitude consumer protection system such as function like guidance, supervision and surveillance. And it is necessary to make a complementary proposal. In the current law, there is only a small part of the consumer protection work that is positively legal, and even after the damage is scientifically identified, it is not possible to present the solution to the damage suffered by the consumer through legislation. This is a fact that has been raised. In this paper, we propose a reasonable and rapid disaster relief procedure through a separate mechanism within the administrative agency, which is the administration agency, that the dispute settlement procedure due to food safety damage is insufficient by solving the case through the court through counseling, dispute adjustment and civil proceedings. In order to solve the problem of food insecurity and the food industry, various ways of rational solution of the problem were considered. The possibility of (1) Establishment of a food safety dispute resolution committee; (2) Establishment of a food safety disaster relief committee; and (3) Establishment of a food safety disaster relief committee was discussed. In addition, a plan for the creation of a food damage compensation fund was also proposed.

• Korean Journal of Human Ecology
• /
• v.15 no.5
• /
• pp.849-858
• /
• 2006

This research aimed to survey problems related to the elderly's purchasing trends and habitual use of health food; it was in order to effectively prevent the monetary and health damage to the elderly of health foods. In February 2006, the data were collected from 271 of the elderly people living in Goyang-si, Kyunggi-Do. The results of the study indicated: first, more than 50% of the respondents had much interest in health foods, and 42.8% of them answered they were taking health foods. Second, about 62% of 116 respondents who were taking health foods were taking one kind of them, for the purpose of maintaining and improving their health condition. Third, the major information regarding health foods was acquired from their family members, relatives and friends, or TV, radio and journals. Lastly, 75% of respondents even did not know whether there was a relief system for damage related to health foods.

• Journal of Environmental Health Sciences
• /
• v.46 no.5
• /
• pp.588-598
• /
• 2020

Objectives: Human indices were developed to determine returning point of residents and damage restoration after the chemical accident Methods: To determine the returning point of residents after the chemical accident, a new concept, the standard man model was introduced as a human index, in which both H-code and its acute effects were main idea. To evaluate the applicability, a hydrogen fluoride leakage accident in Gumi was applied. The returning point were suggested as the conservative remission period of acute effects among relevant hazard effects and compared with actual returning point. The coverage of each age group were considered with reflecting average daily dose expected for actual residents. In addition, a relief-index as a social-scientific approach was reflected as well to apply the damage restoration Results: Actual returning point of residents in Gumi was 88 days; and that of standard man model suggested was 84 days. The expected amount of exposure at aged 12 or under was at least 2.35 times greater than that of this model, 40s, theoretically. However, their population ratio was less than 1%, so 99% of residents could be applied when the standard man model was applied. The relief-index was as an objective and quantitative methodology to apply the qualitative aspect. Conclusions: Although evaluated as a relatively positive result, there was a limitation such as the number of accident applied to the verification of standard man model. The relief index was also considered, but further research should be carried out to find threshold level for the relief.

• Journal of Arbitration Studies
• /
• v.32 no.3
• /
• pp.93-109
• /
• 2022

Cosmetics are products that consumers use every day to maintain or improve the health of their skin and hair. Therefore, the expansion of the cosmetics market leads to the expansion of disputes over cosmetic damage. Along with constant social changes, new conflicts continue to arise. In order to resolve these disputes, various consumer dispute resolution organizations and methods are required. Therefore, Alternative Dispute Resolution (ADR), an alternative method that can provide a reasonable judgment on problems that occur during the manufacture and distribution of cosmetics with expert knowledge of the industry, is required. Korea resolves disputes between consumers and manufacturers caused by cosmetics through the ADR of the Korea Cosmetics Association and the Korea Consumer Agency. It handles disputes related to accidents caused by cosmetics, offers consultation on consumer complaints on cosmetics and provides information on accidents and safety related to cosmetics. It is not possible to completely eradicate disputes from cosmetic damages. Therefore, it is necessary to expand and efficiently operate the cosmetic ADR system for consumers. In this study, the current status of cosmetic damage disputes and damage relief and the role of the domestic ADR system were reviewed. Consumers should be easily relieved from damage caused by cosmetics. By accumulating important precedents with an efficient cosmetic damage dispute resolution system, disputes over cosmetic damage should be smoothly resolved.

• Journal of Environmental Health Sciences
• /
• v.48 no.1
• /
• pp.1-8
• /
• 2022

Objectives: The purpose of this study is to reveal the circumstances under which the cases of harm to health caused by humidifier disinfectant were neglected and show the points where the number of victims and the degree of damage could have been reduced. In addition, it attempts to describe how damage management proceeded immediately after the incident and actually exacerbated the damage. Finally, it explores the unfortunate aspects of the recent trial. By doing so, it attempts to take this as an opportunity to consider whether a tragic event such as the humidifier disinfectant incident could occur in the future. Methods: This study collected and analyzed data on chemical material characteristics related to humidifier disinfectants, data on health effect characteristics, data on related laws and regulations from the Ministry of Environment, data related to the damage investigation by the Korea Environmental Industry and Technology Institute, and current contents. Results: The lack of related systems and laws is the area where the greatest responsibility for the cause of the humidifier disinfectant disaster falls, so it is difficult for the government to escape this responsibility. Establishing a dedicated department to identify the prevalence of certain diseases within the functions of the Health Insurance Review and Assessment Service to monitor health can greatly contribute to the prevention and management of diseases through early detection and management of group outbreaks caused by harmful factors. Humidifier disinfectant damage relief should have been expanded earlier beyond HDLI (humidifier disinfectant lung injury) to include non-specific diseases such as asthma, pneumonia, and interstitial pneumonia. The scope of relief benefits should have also been expanded earlier to include the payment of disability benefits. Fortunately, with the 2020 revision of the Special Act, the conditions for estimating causal relations were eased and individual screening systems such as health impact assessment were reorganized along with the introduction of a rapid screening system. Conclusions: The management system for chemical substances in a country is clearly of paramount importance, and the ministry in charge must have a response system in case of damage to health effects. Administration that looks at the victims' situation from their point of view is needed, and technical countermeasures are required to quickly recognize the prevalence of certain diseases.

• The Korean Society of Law and Medicine
• /
• v.12 no.2
• /
• pp.163-187
• /
• 2011

On March 11, 2011, the Korea National Assembly finally passed the bill on the Damage Relief on the Medical Malpractice and Mediation for Medical Dispute. One of the features of this Act is including "The Subrogation Payment System for Damage (abbreviated SPSD)". This System is that 'Korean Medical Dispute Mediation-Arbitration Board' pays the damages, instead of the health care provider, for the patient who isn't paid damages by the health care provider despite of the Mediation or ruling. The purpose of this study is to search the problems and make improvement on SPSD. This System was introduced extreamly to the patients in order to induce them to the mediation. However,there remains several problems. In this articles, I have examined thoroughly the legal issues on SPSD. There are legal issues about the methods and ratio of the financial burden. In this connection, wide discretionary authority has been granted to administrative agencies specifically. On this account, this System clearly contains elements of a violation against the Constitutional Law. Moreover, this System can be broadly applied to the case of court ruling or the Korea Consumer Agency's mediation. But these measures go against the aim of legislation that the medical dispute can be resolved through the mediation or arbitration by this Act. In the end, these problems must be revised through the additional discussion.

• Journal of Environmental Health Sciences
• /
• v.45 no.4
• /
• pp.295-309
• /
• 2019

Eight years have passed since the Korean government's medical agency officially reported that the fatal lung disease found in some hospitals in 2011 was caused by chemical disinfectants used in household humidifiers, marking the introduction of the humidifier disinfectant disaster. Over the past eight years, a medical-scientific approach has been taken by the Korean government in its efforts to solve the problems in terms of relief of and compensation for the potential victims. One of the unintended consequence of this approach has been the fact that the number of "official victims" recognized by the government is quite small compared to the total number of applicants who claim to be suffering from the humidifier disinfectant disaster. This is mainly due to the fact that the medical-scientific approach relies on excessively strict, rigid, and narrow medical-scientific criteria provided by medical experts for judging the degree of applicants' bodily damage from the use of humidifier disinfectants. As a result, this medical-scientific approach is becoming increasingly criticized by patients' organizations mainly composed of rejected applicants. Based on the analysis of the limits of this medical-scientific approach and after clarifying the social implications of the disaster from a sociological perspective, this paper proposes certain social approaches focused on participatory governance as a means of dealing with the current issue. Finally, the paper emphasizes that the act of taking social responses to the humidifier disinfectant disaster should also be considered a process of enlarging and deepening democracy in Korea.