Earticle

초록

영어

Since mid-1960s the reports from the Surgeon General, the World Health Organization, and other health experts state that there is no risk-free level exposure to smoking and secondhand smoke. Tobacco smoke is made up of more than 7,000 chemicals. Hundreds are toxic, and at least 70 are carcinogens. The chemicals in tobacco smoke reach smoker's lungs quickly every time smoker inhale causing damages immediately. Inhaling even the smallest amount of tobacco smoke can also damage smoker's DNA, which can lead to cancers. Smoking is responsible for more than 87% of lung cancers, but there are a host of other chronic diseases directly related to exposure to tobacco smoke. It's also a major cause of heart disease, stroke, aortic aneurysm, peripheral arterial disease and most of the other diseases. In the United States, each year with more than from 440,000 to 520,000 deaths caused by smoking and exposure to involuntary smoke. They conclude that smoking is the single most important source of preventable morbidity and mortality. The United States of America have about 60-year history of tobacco litigation. Tobacco litigation has been an important tool in tobacco control strategies aimed at limiting the activities of tobacco companies and providing redress to people who have become ill as a result of their use of tobacco products. Tobacco litigation is a kind of tort litigation. Quite often, as in the asbestos and other mass tort litigation episodes, tobacco litigation can play an educa tional role, warning the public about the magnitude of health risks that might otherwise be less clearly perceived. Tobacco litigation allows smokers, their families or other victims of smoking to sue tobacco companies in order to be compensated for the harm they have suffered. Potential benefits of tobacco litigation include compensation for smoking-related damages, strengthening regulatory activity, publicity, documents disclosure and changing tobacco industry behavior. And also tobacco litigation can limit the political activities of tobacco industry, protect human rights of smokers and non-smokers, increase burden to tobacco price-up and enhance the effects of law and politics in public health.

목차

I. 들어가며
  1. 흡연에 대한 인식
  2. 흡연하는 이유
 II. 미국의 담배소송
  1. 제1단계 담배소송(1954~)
  2. 제2단계 담배소송(1983~)
  3. 제1, 2단계 담배소송의 분석
  4. 제3단계 담배소송(1994~)
 III. 담배소송의 성격
  1. 담배소송에 대한 인식변화
  2. 담배소송의 성격과 역할
 IV. 결론
 참고문헌
 ABSTRACT

키워드

담배소송 인권소송 흡연의 위험성 흡연행위 지각론 흡연행위 비지각론 흡연관련 의료비 흡연환자 법창조적 기능 담배규제 정책 Smoking Tobacco litigation Public health Smoking-related damages Benefits of tobacco litigation Victim of smoking

저자

• 김운묵 [ Un Mook Kim | 건강보험심사평가원 객원연구위원, 한국입법학연구소 수석연구위원, 보건학박사 ]
• 김지현 [ Jihyun Kim | 고려대학교 보건대학원 석사과정 ]

참고문헌

발행기관

간행물