전자파로 인한 신체적 손해배상에 관한 법리 －미국에서의 논의를 중심으로－

Abstract

In this thesis we studied the compensation for physical damages to claim indemnification of health damages like suffering from the cancer by means of electronic waves. First, in relation with the compensation for physical damages caused by electronic waves, we took a survey of the composition of theory and the matter of application regarding fault liability, product liability based on the illegal act law, and strict liability owing to the extremely dangerous activity. Out of these, it matters whether product liability can be applied to the electronic waves emitted from power lines etc. Second, we carried out a theoretical review about the verification of a casual relationship which is most difficult to be proved out of the proceedings of electronic waves. In the physical damage claim litigation, a plaintiff has to verify based on a scientific evidence that the exposure to electronic waves caused physical damages In this context, generally in USA a civil litigation is judged by jury, so whether a certain specialist’s testimony is allowed has become the issue. Federal Supreme Court, in relation with the issue of allowance of such a specialist’s testimony, changed the previous standard for judgment considerably by the decision of Daubert v. Merrell Dow Pharmaceuticals, Inc. case in 1993. In this thesis, we studied this new standard for judgment and its influences upon the verification of a casual relationship of the demand for the compensation for physical damages by electronic waves. Third, in case of the claim for the indemnification for physical damages owing to electronic waves, it matters what kind of damages one can claim. In our country the compensation for physical damages by illegal acts means a preservative compensation for the damages to restore the damage a victim suffered from in principle. Additionally in USA. if a strong antisociality is acknowledged to the side of an assailant, there is a case where a punitive claim for the compensation for the damages imposing amount of damages is acknowledged, and in some cases of the lawsuit of electronic waves this punitive claim is recognized, so we took a survey in this respect. Further, we studied if a medical monitoring of a new type of compensation for the damages can be claimed in the lawsuit of electronic waves. Finally, we attempted to review the evaluation of the argument in USA and what this argument suggests in Korea.