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박종원(Park jong-won),유진식(토론자) 강원대학교 비교법학연구소 2009 환경법과 정책 Vol.2 No.-
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, and so on. Korean legal arrangements to ensure compensation for asbestos-related injuries include civil compensation for damages and industrial accident compensation. Yet, we have many difficulties in obtaining quick and fair compensation of injuries resulting from exposure to asbestos under current legal systems. I tried a comparative analysis of legal systems in France and Japan, in order to resolve these difficulties and seek legal ways to compensate injuries resulting from exposure to asbestos more successfully. These countries have suffered significant and serious injuries resulting from asbestos and have developed the public administrative compensation schemes. I focused on the principles, fundamental frameworks, objects, and scopes of compensation as well as the allocations of financial resources. Based on these analysis, I showed how to incorporate provisions on the persons subject to compensation, deciding body, method of decision, scope of compensation, financial resources and relation with other compensation or indemnity in the new act.