일본 311소아갑상선암 재판 - 역학 조사결과에 의한 인과관계 인정의 고도화 -

This paper examines the background and causation issues in the pediatric thyroid cancer lawsuits related to the Fukushima nuclear accident, and aims to derive implications for how South Korean courts should handle scientific evidence. The pediatric thyroid cancer cases arising from the Fukushima disaster have brought to light critical debates about the scientific discussion of causation, particularly given that this case involves conflicting scientific evidence on causation. While previous discussions on epidemiological evidence have focused on whether specific causation can be established through epidemiological links, this paper proposes a more detailed analytical approach. It breaks down the evaluation into assessing whether the epidemiological study results pertain to the litigants, whether these results can be trusted, and whether the specific causation can be established based on these results. The paper introduces Japanese lower court precedents in this context and evaluates the current case from this perspective. The discussion aims to outline how courts can better approach and utilize scientific evidence to ensure its reliability and accuracy. By improving the understanding and application of scientific evidence, the study seeks to enhance the accuracy of legal judgments and facilitate more effective protection of litigants' rights. This research is intended to serve as a foundational resource for better legal decision-making.