Background: This study is a comparative analysis of legal decisions by the Korean judiciary regarding human health effects of radiation exposure in lawsuits related to the linear no threshold hypothesis of the International Commission on Radiological Protection (ICRP), particularly following the Fukushima nuclear power plant accident in 2011. Materials and Methods: The legal cases related to radiation exposure and human health effects were searched and compiled using legal databases such as ‘national law information center,’ ‘case note,’ and ‘LBOX.’ Keywords such as ‘radiation,’ ‘human health effects,’ ‘lawsuit,’ ‘radiation effects,’ and ‘disease’ were used to search for relevant legal cases, leading to the identification of a total of nine legal decisions. The original texts of these cases were analyzed. The analysis categorized the cases based on the distinction between the plaintiff, radiation doses, types of diseases, and the results of the lawsuits. Results and Discussion: Four lawsuits ruled that there is a causal relationship between radiation exposure and human health effects. These rulings were made in 2016 (two cases), 2018, and 2022. In cases where the radiation exposure doses were precisely recorded as 1.71 mSv and 2.09 mSv, the rulings also concluded that there was a causal relationship between radiation exposure and human health effects. In contrast, five lawsuits concluded that there was no causal relationship between low-dose radiation exposure and human health effects, ruling that a radiation exposure of 12.25 mSv was not related to the disease. Conclusion: Judicial rulings on radiation risks must be consistent and equitable. The ICRP recommends standards for radiation protection and dose limits. Based on these recommendations, the executive branch must establish consistent guidelines, and judicial rulings must maintain consistency in accordance with these standards.
목차
ABSTRACT Introduction Materials and Methods Results 1. Legal Precedents Acknowledging Causality of Human Health Effects Due to Radiation Exposure 2. Legal Precedents Failing to Acknowledge Causality of Human Health Effects from Radiation Exposure Discussion Conclusion Conflict of Interest Ethical Statement Author Contribution References
키워드
LawsuitRadiationHuman Health EffectLegal DecisionsLinear No Threshold Hypothesis
저자
Eunok Han [ Department of Education & Research, Korea Association of Nuclear·Radiation Safety, Seoul, Republic of Korea ]
Corresponding Author
대한방사선방어학회 [Korean Association For Radiation Protection]
설립연도
1975
분야
자연과학>기타자연과학
소개
회원 상호간의 협조와 친목을 도모함으로써 방사선방어에 관한 제반연구 및 발전에 이바지함을 물론 학술의 국제교류 및 국제학술단체와의 상호협력 증진에 기여함을 목적으로 하며, 이 목적을 달성하기 위하여 다음 각 호의 사업을 한다.
1. 방사선방어에 관한 학술연구발표회 및 강연회 등의 개최
2. 학회지 및 방사선방어에 관한 학술간행물의 발행 및 배포
3. 방사선방어에 관한 학술의 국제교류 및 협력
4. 방사선방어에 관한 국제학술자료의 조사, 수집 및 번역
5. 방사선방어에 관한 조사 및 연구용역
6. 회원의 연구활동을 위한 제반협조
7. 기타 본 학회의 목적 달성에 필요한 사항
간행물
간행물명
방사선방어학회지 [Journal of Radiation Protection and Research]