가습기살균제 사건과 법적과제: 피해구제시스템 개선을 중심으로

We can confirm several issues by examining the cause of the Humidifier Disinfectant Event. At the time of the occurrence of the Humidifier Disinfectant event, the Hazardous Chemical Control Act failed to provide a system for reexamining hazardous chemicals due to changes in the purpose of chemicals. Second, at that time, there was a blind spot in the safety regulation of chemical consumer products. The disinfectant, which has a very high risk, was not controlled before entering the market because it was not subject to safety inspection under the Quality Control And Safety Management of Industrial Products Act at the time, and was not subject to safety management at all. Third, there is no or weak internal system to balance between profit seeking and product safety. In this regard, the function of the judicial system to enforce or induce the establishment and maintenance of such an internal product safety management system in the enterprise has not worked properly due to the difficulty of proving causality. In order to realize the principle of pollutant factor accountability in damages caused by chemical products and environmental pollution furthermore, I would like to make some suggestions especially focusing on damage relief system. First, the attitude of the Supreme Court, judging the cause and effect of the current disease dichotomy which means specific and non-specific diseases, should be critically reviewed from a medical point of view. Second, there should be a system that can formally judge the problems related to causation through the committee composed of related experts. Finally, it need to set up an organization which is capable of integrating the investigation and prevention, the settlement of disputes and the public remedy function concerning damage caused by chemical substances and environmental pollution, and also performs systematically from the viewpoint of the sufficient guarantee of environmental rights.