석면피해구제에 대한 법적 검토

The type of asbestos exposure can be divided into occupational exposure and environmental exposure. The asbestos industries have been in decline since the early 1990s in Korea, mainly as a result of a worsening economic environment, but also partly due to the stricter regulations to prevent health problems. After the economic crisis in 1997, the importation of raw asbestos fell to less than a third of the previous peak level. The asbestos industry had moved or died out continuously as it could not compete with the cheap imports from other Asian countries. From 2009, all the use and manufacturing of asbestos products are finally banned. Post-measures as a remedy for victims of asbestos exposure to asbestos is very important. 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. Korean legal arrangements to ensure compensation for asbestos-related injuries include civil compensation for damages and industrial accident compensation. Due to lack of knowledge about asbestos usage and exposure type, environmental asbestos problems are very new and beginning to touch in Korea. On the contrary occupational cases could be relieved by industrial insurance system, environmental cases have no law or system to get any compensation or medical care. But recently Decree of salvage asbestos victims fear caused by asbestos exposure as a remedy for victims of health system can be implemented in earnest, the institutional framework was set. Common remedies for asbestos exposure are tort and product liability for damages. Each of these claims have a conflict so there is problem of adjustment and subrogation. They should be adjusted in the aspect of complement.