담배소송과 고엽제소송에 관한 연구 - 소송을 통한 법정책에의 영향을 중심으로 - (A Study on the Litigation of Defoliants and Tobacco - Focused on the Impact on Legal Policy through Litigation -)

서지정보

· 발행기관 : 한양법학회
· 수록지 정보 : 한양법학 / 25권 / 4호 / 85 ~ 113페이지
· 저자명 : 손영화

초록

I researched the relationship between law and policy litigation through the two representative lawsuit, that are the defoliant litigation and tobacco litigation. In particular, social interest is also high for the lawsuit that not only litigants, to lead to significant consequences for many persons, the judiciary and the political sphere is striving to actively solve the case. In the case of lawsuit of this kind, it is associated with a class action mainly in many cases, it is tinged with public interest litigation nature. Also, in most cases, lawsuit of this kind is necessary efforts to resolve the situation amicably through reconciliation.
In the case of Agent Orange litigation and tobacco litigation is a lawsuit to request compensation for damage parties. Rather than a lawsuit contesting the rights and obligations of individuals, it is a lawsuit that has been associated with the implementation of public policy in some respects. Therefore, in order to solve such a problem, legislation that assumes national agreement must be made. In order to achieve substantially the legislation, the pursuit of public interest judicial unit must be made. It is not only there is a limit coming from, such as the principle of separation of powers and the nature of justice in the judicial decision on public policy. That in such a limit even to comply with the appropriate level of the limiting factor will be the conditions to ensure the vitality and persuasive power of the court's decision. So, the judiciary is, must take into account the interests of the entire nation and the public more actively. That attitude change of the judiciary aggressive and more, consider the phase and raison d'etre of the judiciary as the last bastion of the rule of law, it is important to encourage judicial activism.
Agent Orange litigation and tobacco litigation are not over yet in Korea. There is also a possibility that the litigation which began today in some respects. It is believed that shall take legal policy and reasonable compensation for Agent Orange victims and tobacco victims in our country. At that time, experience in the United States shall be a big help.

영어초록

I researched the relationship between law and policy litigation through the two representative lawsuit, that are the defoliant litigation and tobacco litigation. In particular, social interest is also high for the lawsuit that not only litigants, to lead to significant consequences for many persons, the judiciary and the political sphere is striving to actively solve the case. In the case of lawsuit of this kind, it is associated with a class action mainly in many cases, it is tinged with public interest litigation nature. Also, in most cases, lawsuit of this kind is necessary efforts to resolve the situation amicably through reconciliation.
In the case of Agent Orange litigation and tobacco litigation is a lawsuit to request compensation for damage parties. Rather than a lawsuit contesting the rights and obligations of individuals, it is a lawsuit that has been associated with the implementation of public policy in some respects. Therefore, in order to solve such a problem, legislation that assumes national agreement must be made. In order to achieve substantially the legislation, the pursuit of public interest judicial unit must be made. It is not only there is a limit coming from, such as the principle of separation of powers and the nature of justice in the judicial decision on public policy. That in such a limit even to comply with the appropriate level of the limiting factor will be the conditions to ensure the vitality and persuasive power of the court's decision. So, the judiciary is, must take into account the interests of the entire nation and the public more actively. That attitude change of the judiciary aggressive and more, consider the phase and raison d'etre of the judiciary as the last bastion of the rule of law, it is important to encourage judicial activism.
Agent Orange litigation and tobacco litigation are not over yet in Korea. There is also a possibility that the litigation which began today in some respects. It is believed that shall take legal policy and reasonable compensation for Agent Orange victims and tobacco victims in our country. At that time, experience in the United States shall be a big help.

참고자료

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