대법원 CMIT/MIT 가습기 살균제 건강 피해 형사사건 파기환송에 대한 환경보건학적 고찰 - 공동정범과 공소시효 중심 -

초록

Background: The Supreme Court of Korea has overturned the criminal convictions of manufacturers of humidifier disinfectants containing CMIT (5-Chloro-2-methyl-4-isothiazolin-3-one)/MIT (2-Methyl-4- isothiazolin-3-one). Objectives: The aim of this study was to evaluate the limitations of applying traditional doctrines of joint criminal liability to health damage related to chemical products, and also to assess whether current statutes of limitations adequately reflect the delayed and cumulative nature of chemically induced health effects. Methods: The study analyzed the Supreme Court and appellate court decisions in the CMIT/MIT humidifier disinfectant case, focusing on joint criminal liability and statutes of limitations from an environmental health perspective, particularly regarding delayed and cumulative health effects of chemical exposure. Results: The Supreme Court denied the establishment of negligent joint criminal liability between manufacturers associated with PHMG. The results indicate that joint criminal liability should be assessed in light of the structural nature of the disaster in which multiple companies competitively sold functionally identical disinfectant products without adequate risk assessment, promoted them as safe, and thereby created a shared structure of consumer deception that led to a large-scale health disaster. The passing of the statute of limitations by CMIT/MIT manufacturers based on end-product sales became a critical issue. Conclusions: The doctrines of joint criminal liability and statutes of limitations in cases pertaining to chemical product–related health damage necessitate a reconstructed legal approach that reflects the timing of official recognition of harm and the scientific characteristics of chemical exposure.

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