우리나라 석면 피해 구제를 둘러싼 법적 쟁점의 검토 -피해보상기금 조성문제와 석면노출의 증명책임 경감문제를 중심으로-

초록

The primary purpose of this article is to review some details of “draft special legislation on the legal relief of asbestos victims”. the review work has been carried out in teams of two viewpoints as follows: First, how compensatory fund(hereafter referred to as “fund”) is to be established-this is equal to that who should bear the burden of a finance related to the fund. Second, how the burden of proof as to exposure to asbestos is to be dealt with-especially for the benefit of victims resulting from environmental exposure to asbestos. On the former, I discussed who should take a legal responsibility for damages to asbestos victims and concluded that the potion of the liability can be attributed to State due to a failure to comply with a duty to keep itself informed of dangers for workers' and citizens' health. The residues of that have to be imposed upon manufacturers and distributors on the based the fact that they had manufactured and circulated products in defectiveness determined on the standard of the risk-utility test. Ultimately the costs of the product including the cost of injuries caused thereby will be borne by those who profit from it: the manufacturers and distributors who profit from its sale and the buyers who profit from is use. As to the latter, the applicant must prove the reality of the asbestos exposure, as well as the impact on his health, which must be evidenced at the time of the application. but it is not easy for the applicant to prove that exposure, therefore unjust to impose the burden of proof wholly on the applicant so that the burden is to be diminished to the extent to which the victims could be recovered from their damages without impairment of the principle of burden of proof. In france with the aim of reducing the burden of proof of exposure for the victim, legislation provides that recognition of an occupational disease is sufficient for the victim to be deemed to have suffered asbestos exposure. the same principle applies when the applicant suffers from a disease caused by asbestos and which is included on an official government list. we can consider this way of alleviation of the burden of proof as one of available alternatives.

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