• 웰빙융합연구
• /
• 제5권4호
• /
• pp.57-67
• /
• 2022

Purpose: The purpose of this study is to identify what research ethics issues are related to chemical incidents at the level of national disasters in Korea, and then to secure clear research ethics to prevent similar incidents from recurring. Research design, data and methodology: The study design was a case study of the humidifier disinfectant disaster in Korea. The humidifier disinfectant incident is a worldwide issue that has never occurred in the world. The main cause of the humidifier disinfectant incident that occurred only in Korea was the toxicity of the humidifier disinfectant contained in the humidifier spray. In this regard, research ethics will be derived through related laws and systems, research ethics status, incident damage and compensation, prosecution's investigation status, and the final precedent of the Supreme Court. Results: Although the lack of laws and systems of government departments related to humidifiers is important in the research results, the violation of ethics regulations by researchers during research experiments has become a decisive problem. Conclusions: In conclusion, the most important thing is that the research bioethics of researchers at the forefront should take precedence over any other values, especially during experiments and research related to public health.

• 항공우주정책ㆍ법학회지
• /
• 제35권2호
• /
• pp.137-168
• /
• 2020

여객이 1999년 몬트리올 협약 제17조상 사고로 인정되는 범위 내에서 사상을 당하였을 때 항공운송인은 위 협약을 근거로 손해배상을 받을 수 있다. 항공기에 탑승한 승무원이 같은 사고로 인하여 사상을 당한 경우 몬트리올협약을 배타적으로 적용받는 여객과는 달리 항공사와 체결한 근로 계약상 준거법인 노동법에 의하여 보상받게 된다. 승무원이 근로제공을 위하여 항공기에 탑승하는 것은 근로계약을 근거로 한 것이지 항공여객운송계약을 근거로 하는 것이 아니다. 그러므로 사고로 인하여 항공기에 탑승한 승무원이 사상을 당한 경우, 사용자인 항공사에 대하여 근로계약에 기한 채무불이행 책임을 묻는 경우에는 노동법이, 근로자 또는 유족이 사용자를 상대로 불법행위에 기한 손해배상을 청구하는 경우에는 민법이 적용된다. 이와 관련하여 중국항공사에 근무하는 중국승무원이 대한민국에서 사고를 당하여 사망한 경우 유족이 중국 항공사를 상대로 손해배상을 청구하는 사건에서 불법행위지인 대한민국에서 국제재판관할이 있는지 여부, 이때의 준거법은 법정지법인 대한민국법이 되는지 근로계약의 준거법인 중국법이 적용되는지 대법원 2010. 7. 15. 선고 2010다18355 판결을 통하여 살펴보았다. 또한 서울지방법원 1995.5.18. 선고 94가단14412판결은 비행근무 중 상해를 입은 승무원이 근로기준법상 재해보상, 산업재해보상보험법상 보험급여에 만족하지 않고, 사고에 관하여 책임이 있는 사용자나 제3자를 상대로 불법행위나 채무불이행을 원인으로 한 민사상 손해배상을 청구할 수 있다는 것을 보여준다. 출근 중 기존의 질병으로 인하여 사망한 사건에서는 근로복지공단에서 망인의 사망을 업무상 재해로 인정하지 아니하여 망인의 부모가 유족급여 및 장의비 부지급 처분을 취소하는 소송에서 1심(서울행정법원 2017.8.31. 선고 2016구합 81642 판결)에서는 업무상 재해로 인정되었지만, 항소심(서울고등법원 2018.7.19. 선고 2017누74186 판결)에서 패소하여 고인의 질병 및 업무량에 관한 분석을 통하여 항소심의 판결을 비판하였다. 승무원의 근무 형태는 타 직종과는 다르게 항공기에 탑승하여 이루어지는 것이므로 다른 근무지로 이동하거나 비행근무 종료 후 모기지 또는 체류지로 돌아오기 위하여 비행임무는 수행하지 않으나 비행근무시간의 50%만 인정받는 형태로 항공기에 탑승하는 경우도 발생한다. 여객과 동일하게 간주할 수는 없지만 비행임무를 하지 않는 승무원이 사고로 사상을 당한 경우 근로계약에 기인한 손해배상 청구를 할 것인지 국제항공운송에서 사고발생시 여객에게 적용되는 몬트리올협약이 배타적으로 적용될 지에 관한 논의와 함께 그와 관련된 판례인 In re Mexico City Aircrash of October 31, 1979, 708 F.2d 400 (9th Cir. 1983), Demanes v. United Airlines, 348 F.Supp. 13 (C.D.Cal. 1972), Sulewski v. Federal Express Corp., 749 F.Supp. 506 (S.D.N.Y. 1990)을 검토해 보고 유럽사법재판소(CJEU)에서 Wucher Helicopter GmbH and Euro-Aviation Versicherungs AG v. Fridolin Santer를 통하여 정의한 '여객'의 개념을 명확하게 이해해 보도록 한다.

• 농촌의학ㆍ지역보건
• /
• 제31권3호
• /
• pp.219-236
• /
• 2006

본 연구는 농업인의 안전사고와 농작업성 질환으로 인한 업무상 재해를 효율적으로 예방하고 관리하며 앞으로 관리체제를 효율적으로 운영하는 전략들을 제안하기 위하여 국내 업무상 재해에 대한 법적 행정적 지원체계를 고찰하였다. 농업인 업무상재해를 체계적으로 관리하기 위한 법적 제도적 지원체제를 마련하기 위해 국내의 다른 사업 분야에서 현재 시행되고 있는 관련법 제정 및 관할 행정조직을 조사하였다. 또한, 국내 산업안전보건법이 제정되기까지의 역사적 배경과 산업안전보건 관련법, 행정적 지원 체계와 주요 역할들을 살펴보았다. 또한, 우리나라의 산업안전보건 정책 및 현황과 농업안전보건 관련 현황들을 조사하여 요약 정리하였다. 이로부터 얻어진 결과는 우리나라의 농업인 안전보건 정책들은 노동부와 농림부, 보건복지부 등의 산업안전보건법과 산업재해보상보험법, 농림어업인의 삶의 질 향상 및 농산어촌 지역개발 촉진에 관한 특별법 등에 의하여 이루어지고 있으나, 각기 법적 제도적 한계점을 갖고 있다는 것이다. 즉, 농업인이 법적 근로자에 포함되지 않으므로 제도적 관리 및 혜택에서 제외되고 있으며, 농업인들을 대상으로 하는 농협의 농업인 재해공제 역시 임의가입에 따라 한정된 조합원들에게만 적은 범위내의 재해에 따른 보험혜택을 받고 있는 실정이었다. 더욱이, 현재 농업인 업무상재해를 관리하기 위한 별도의 전담조직은 아직 없다. 이와 같이 각 부처에서 산발적이고 비주류적인 사업으로서는 그 효과를 제대로 보기 어려우므로 하루빨리 이러한 사업들의 효과를 높이기 위해서는 관련 부처간의 정보교류 등 연계방안을 구축하는 것이 매우 필요하다.

• Journal of Preventive Medicine and Public Health
• /
• 제27권4호
• /
• pp.711-734
• /
• 1994

Among chemical agents in herbicides, dioxin (2, 3, 7, 8-tetrachloro dibenzo-$\rho$-dioxin : TCDD), a chemical contaminant in herbicides sprayed during the Vietnam War has been known to be the major agent causing toxic effects. Approximately 320,000 korean soldiers participated the Vietnam War from 1964 to 1974. Although the potential hazards of the herbicides among Korean veterans exposed were implicated, the problem had not been a public issue until 1991 when Korean veterans were informed U.S. companies, the herbicides manufacturer payed fund, from which a trust fund for New Zealand and Australian Class members were established in 1985. After a series of appeals and demonstration by the Korean Veterans demanding medical care and compensation for their serious health damages, a bill of medical care and compensation for herbicides victims was promulgated in March 1993 and become effective from May 1993, This study was carried out with two major objectives : the first to understand the health problems caused from the herbicides by reviewing literatures published, and the second to examine the nature and extent of health impacts among Korean veterans exposed and to develop valid study methods for the major study by interviewing and reviewing records on a part of veterans (638 persons) registered and completed medical examination in Seoul Veterans Administration Hospital from June to October 1993. The results obtained are as followings: 1. The literature review of 107 papers revealed that 1) Dioxin is teratogenic, carcinogenic and affects almost all organs including nervous, endocrine, and reproductive systems in animal experiments. 2) The diseases showing evidence of causal association were Hodgkin's disease, non-Hodgkin's disease, lung cancer, lymphoma, soft tissue sarcoma, chloroacne and polyneuropathy when judged on the basis of consistency in study results and biological plausibility. 2. Interview and medical record review study on 638 veterans, though limited validity owing to lack of control group, crude estimates of dioxin exposure levels (no biomarkers measurable), and uncertainty of diagnosis, showed that: 1) Most of the study subject's were in their 40's of age and had been dispatched to Vietnam during the period from $1965{\sim}1970$ around one year. 2) Most frequently complained symptoms in medical examination were motor weakness (32%), sensory abnormalities in extremities (23%), skin diseases (22%), and pain in extremities (20%) whereas in Interview they were more frequent in order of skin problem (44%), motor weakness (38%), sensory abnormalities and pain in extremities(17% and 19% each). Kappa indices on the same category of complaints between two sources of information were variable and relatively low. 3) On medical examination, only a part of the 638 subjects had initial impression (442 pts) and final diagnosis (218 pts) suggesting decision making on diagnosis appeared to be difficult even with all available modern medical technologies: in initial impression disorders from peripheral and central neuropathy were predominant whereas in final diagnosis various types of skin disorder were most frequent 4) When dose-response relationship between several conditions (from questionnaire) and arbitrary exposure scores were examined by CMH linear trend test, spontaneous abortion, sexual problems and health problem of offsprings showed statistically significant linear trends. However, pregnancy, accident and suicidal attempts did not show any relationship in this study capacity. 5) Among complaints, psychosis and neurosis (anxiety, phobia) in interview study, and memory disorder and psychosis in medical record study revealed linear trend. 6) Skin disorder was the only condition showing linear trend in initial impression and none in final diagnosis on medical examination. Even though objective to select out dioxin-related disease or group of diseases from this study was not achieved the research experiences provided firm basis for developing various methodological approaches. 3. From this preliminary study we concluded that a larger scale major epidemiologic study on health impacts of herbicides among Korean veterans exposed is not only Indispensible but also well designed study with more valid exposure information and diagnosis may be able to establish causal relationship between certain groups of diseases and exposure to the herbicides among Korean veterans.

• 대한정형도수물리치료학회지
• /
• 제13권2호
• /
• pp.31-44
• /
• 2007

The purposes of this study were to examine the normal lumbar proprioception and identify the effect of vision and proprioception on lumbar movement accuracy through measuring a reposition error in visual and non-visual conditions and to provide the basic data for use of vision when rehabilitation program is applied. The subjects of this study were 39 healthy university students who have average physical activity level. They were measured the ability to reproduce the target position(50% of maximal range of motion) of flexion, extension, dominant and non-dominant side flexion in visual and non-visual conditions. Movement accuracy was assessed by reposition error(differences between intended and actual positions) that is calculated by the average of absolute value of 3 repeated measures at each directions. The data were analysed by paired samples t-test, independent samples t-test, and repeated measures ANOVA. The results were as follows : 1. Movement accuracy of flexion, extension, dominant side flexion, and non-dominant side flexion was increased in visual condition. 2. There were no differences in the lumbar movement accuracy between sexes in visual and non-visual conditions. 3. In non-visual condition, the movement in coronal plane(dominant and non dominant side flexion) is more accurate than that in sagittal plane(flexion and extension). 4. In non-visual condition, there were no differences in the lumbar movement accuracy between dominant and non-dominant side flexion. In conclusion, this study demonstrates that the movement is more accurate when the visual information input is available than proprioception is only available. When proprioception is decreased by injury or disease, it disturbs the control of posture and movement. In this case, human controls the posture and movement by using visual compensation. However it is impossible to prevent an injury or trauma because most of injuries occur in an unexpected situation. For this reason, it is important to improve the proprioception. Therefore, proprioceptive training or exercise which improve the ability to control of posture and movement is performed an appropriate control of permission or interception of the visual information input to prevent an excessive visual compensation.

• 의료법학
• /
• 제9권1호
• /
• pp.9-56
• /
• 2008

The medical practice does not always get a satisfatory result since the disease progress of patients are depended on patients' physical constitution and the doctors cannot control the outcomes about patients' physiological and biological reaction after the treatment. Moreover, the medical practice may bring wrong result fatalistically because of the unpredictablility of life. To demand for compensation of the damage to the doctors about these wrong result, the patient side holds the burden of proof that is between medical practice and demage, and there is damage from doctor's malpractice according to the accepted theory about the fundamental principle of distribution of the burden of proof. This falls not only under the liability of Tort Law, but also liability of Contract Law. However, the patient may be in difficult situation to prove the malpractice of doctors since he or she cannot recognize the facts because he or she was in unconscious while the medical practice was conducted, or they cannot judge precisely even though they recognize the facts. Nevertheless, the lawsuits against medical malpractice are the field that never achieves the equality of arms since the most of the evidence belong to the doctor's side. Hence, to maintain the principle of the equality of arms under the constitution, the theory leads to alleviate the burden of proof that patients hold. However, the doctors cannot be asked for the burden of proof that they conduct medical practice without errors. Because the doctors may experience difficulty to prove their innocence as the patients because of the unique characteristic that medical practices have. Therefore, the methods of the alleviation of the patient's burden of proof should have the equality of arms and the equal opportunity between the patients and the doctors with the evaluation of the justifiable interest from both the patients and the doctors. As the methods of the alleviation of the burden of proof, the alleviation of the demands and the degree of the burden of proof or resolutely the conversion of the burden may be considered. However, Recognizing the exception from general principle with converting the burden of proof is not proper in principle because the doctors may experience difficulty of the proof as the patients may have. If the difficulty of proof can be resolved by alleviating of the demands and the degree of the burden of proof, it is more desirable resolution rather than converting the burden of proof.

• 한국환경보건학회지
• /
• 제43권1호
• /
• pp.1-22
• /
• 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?

• 대한인간공학회지
• /
• 제31권5호
• /
• pp.671-685
• /
• 2012

Objective: This study aims to investigate subjects in recuperation to identify the following factors with regard to work-related musculoskeletal diseases: diagnosis in the context of occupational and environmental medicine; assessment systems for judging work-relatedness; recuperation management; workplace management; prevention programs; and care after returning to work. This study intends to analyze differences between subjects and determine what characteristics of subjects account for the differences. Method: A survey was administered to 1,664 workers who were approved by the Korea Worker's Compensation & Welfare Service between 2003 and 2005 for recuperation due to work-related musculoskeletal diseases. The data of 229 subjects who responded the survey questionnaire related to recuperation were analysed. Results: According to the results, demographic, occupational, and musculoskeletal disease-related factors were significant. The demographic factors included gender, age, marital status, and region, while occupational factors included working period, work type, size of workplace, and industry type. The factors related to musculoskeletal diseases were the part of the body in pain, the tissues in pain, and the existence of dysfunction. The above factors were associated with statistically significant differences in the following areas: revealed symptom period, symptoms-diagnosis period, and application for recuperation approval periods; diagnosis and care institutes for recuperarion; the state of patients (body parts in pain, tissues in pain, and existence of dysfunction); return to work; and care after returning to work. Conclusion: The results of this study can serve as basic data in setting priorities for prevention programs for work-related musculoskeletal diseases and selecting target groups.

• Safety and Health at Work
• /
• 제8권3호
• /
• pp.231-236
• /
• 2017

Vital to the prevention of work-related ill-health (WRIH) is the availability of good quality data regarding WRIH burden and risks. Physician-based surveillance systems such as The Health and Occupation Research (THOR) network in the UK are often established in response to limitations of statutory, compensation-based systems for addressing certain epidemiological aspects of disease surveillance. However, to fulfil their purpose, THOR and others need to have methodologic rigor in capturing and ascertaining cases. This article describes how data collected by THOR and analogous systems can inform WRIH incidence, trends, and other determinants. An overview of the different strands of THOR research is provided, including methodologic advancements facilitated by increased data quantity/quality over time and the value of the research outputs for informing Government and other policy makers. In doing so, the utility of data collected by systems such as THOR to address a wide range of research questions, both in relation to WRIH and to wider issues of public and social health, is demonstrated.

• 한국환경보건학회지
• /
• 제44권5호
• /
• pp.409-420
• /
• 2018

Objectives: An outbreak of humidifier disinfectant-related respiratory disease has not only been a massive disaster for end users, but it is also a concern for the workers of the manufacturers. This study presents the results of a questionnaire survey on the health effects among workers involved in the manufacture of humidifier disinfectants. Methods: Seven sites where humidifier disinfectants were manufactured were identified. A questionnaire survey was conducted to assess the physical symptoms experienced by workers related to humidifier disinfectants. Among a total of 177 workers, 42 subjects were available for the survey. Results: Twenty-one of the 42 respondents reported that they experienced respiratory or skin and mucosal irritation symptoms during work. Of the respondents who experienced symptoms, 14 believed that their symptoms were related to the work process and reported that the symptoms were experienced while working. However, no respondents reported ongoing symptoms or sequelae during the investigation period, and this result could not minimize selection bias due to low response rates. We then compared the characteristics of the group who experienced suspicious symptoms with those of the group without any symptoms. There was no statistically significant difference between two groups. Conclusions: We could not find significant health effects related to the humidifier disinfectant manufacturing process, although 21 respondents experienced stimulant symptoms and 14 respondents believed that the symptoms were related to the work process. Due to the long period of time after occupational exposure and the lack of data, there were many limitations to this study. However, this is one of the few follow-up investigations of workers related to this large-scale disaster in South Korea and the limitations of this study highlight the need to follow up with a nationwide database rather than an occasional survey.