• 제목/요약/키워드: compensation scheme

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Questions and Answers about the Humidifier Disinfectant Disaster as of February 2017 (가습기살균제 참사의 진행과 교훈(Q&A))

  • Choi, Yeyong
    • Journal of Environmental Health Sciences
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    • 제43권1호
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    • pp.1-22
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    • 2017
  • 'The worstest environment disaster', 'World's first biocide massacre', 'Home-based Sewol ferry disaster' are all phrases attached to the recent humidifier disinfectant disaster. In the spring of 2011, four of 8 pregnant women including 1 adult man passed away at a university hospital in Seoul due to breathing failure. Epidemiologic investigation conducted by the Korean CDC soon revealed the inhalation of humidifier disinfectant, which had been widely used in Korea during the winter, to be responsible for the disease. As well as lung fibrosis hardening of the lungs, other diseases including asthma, rhinitis, skin disease, liver disease, fetal disease or cancers have been researched for their relation with exposure to the products. By February 9, 2017, 5,342 cases had registered for health problems and 1,131 of them were already dead (20.8% mortality rate). Based on studies by government agencies and a telephone survey of the general population by Seoul National University and civic groups, around 20% of the general public of Korea has used these products. Since the market release of the first product by SK Chemical in 1994, over 7.1 million items from around 20 brands were sold up to 2011. Most of the products were manufactured by well-known large conglomerates such as SK, Lotte, Samsung, Shinsegye, LG, and GS, as well as some European companies including UK-based Reckitt Benckiser and TESCO, the German firm Henkel, the Danish firm KeTox, and an Irish company. Even though this disaster was unveiled in 2011 by the Korean government, the issue of the victims was neglected for over five years. In 2016, an unexpected but intensive investigation by prosecutors found that Reckitt Benckiser manipulated and concealed animal tests for its own brand and brought several university experts and company employees to court. The matter was an intense social issue in Korea from May to June with a surge in media coverage. The prosecutor's investigation and a nationwide boycott campaign organized by victims and environmental groups against Reckitt Benckiser, whose product had been used by more than 70% of victims, led to the producer's official apology and a compensation scheme. A legislative investigation organized after the April 2016 national election revealed the producers' faults and the government's responsibility, but failed to meet expectations. A special law for the victims passed the National Assembly in January 2017 and a punitive system together with a massive environmental epidemiology investigation are expected to be the only solutions for this tragedy. Sciences of medicine, toxicology and environmental health have provided decisive evidence so far, but for the remaining problems the perspectives of social sciences such as sociology and jurisprudence are highly necessary, similar to with the Minamata disease and Wonjin Rayon events. It may not be easy to follow this issue using unfamiliar terminology from medical and chemical science and the long, complicated history of the event. For these reasons the author has attempted to write this article in a question and answer format to render it easier to follow. The 17 questions are: Q1 What is humidifier disinfectant? Q2 What kind of health problems are caused by humidifier disinfectant? Q3 How many victims are there? Q4 What is the analysis of the 1,112 cases of death? Q5 What is the problem with the government's diagnostic criteria and the solution? Q6 Who made what brands? Q7 Has there been a recall? What is still on sale? Q8 Was safety not checked by any producers? Q9 What are the government's responsibilities? Q10 Is it true that these products were sold only in Korea? Q11 Why and how was it unveiled only in 2011 after 17 years of sales? Q12 What delayed the resolution of the victim issue? Q13 What is the background of the prosecutor's investigation in early 2016? Q14 Is it possible to report new victim cases without evidence of product purchase? Q15 What is happening with the victim issue? Q16 How does it compare with the cases of Minamata disease and Wonjin Rayon? Q17 Are there prevention measures and lessons?

A Review on the Air Carrier's Liability for the Cargo under the Montreal Convention and the Commercial Law through the Recent Supreme Court's Case (최근 판례를 통해 본 몬트리올 협약과 상법상 항공운송인의 책임 - 대법원 2016. 3. 24. 선고 2013다81514판결 -)

  • Kim, Kwang-Rok
    • The Korean Journal of Air & Space Law and Policy
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    • 제32권2호
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    • pp.33-66
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    • 2017
  • The Korean government enacted the Chapter 6 as of Air Transportation to the Korean Commercial Act, which was enforced in 2011, in order to treat some arguments occurred from air transportation Contracts since air transportations has rapidly increased in Korea. Air transportations has been used more in the field of international market than in the field of domestic market under it's own characteristic. Therefore, many international agreements and protocols related to the air transportations has been appeared from old times and the 1999 Convention for the Unification of Certain Rules for International Carriage by Air ("Montreal Convention") is one of them. The Montreal Convention was adopted in May 28, 1999 at International Conference of Air Law hosted by the International Civil Aviation Organization ("ICAO") in Montreal, Canada where the Headquarter of ICAO is located. The Montreal Convention has been effected from September 5, 2003 and the Korean government ratified the convention in 2007. Therefore, the Montreal Convention came in to force in Korea since 2007. This year, 2017, is the 10th anniversary year since the Montreal Convention has taken effect in Korea. However, there are rare cases that argued the Montreal Convention's scope of application and this Article examines the Korean Supreme Court's case that argued the Convention's scope of application. Thus the Article basically analyzes the case from the perspective of the Montreal Convention's scope of application and examines the Montreal Convention's articles related to the air carrier's liability and extent of compensation for damage that occurred from the international carriage by air. Also this Article analyzes the Korean Commercial Act Chapter 6, which regulated the air carrier's liability and the Article tries to make a comparison between the Montreal Convention and the Korean Commercial Act in order to draw some scheme for the betterment of Korean Commercial Act. It is the hope that the Article contribute to the improvement of Korean Commercial Act through the comparison with the chance of the 10th Anniversary of the Montreal Convention in Korea.

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