전자파에 의한 손해와 배상책임원리

The Principles of Compensation for the damage caused by Electromagnetic field

The damage caused by electromagnetic consists of three types as the damage by electromagnetic interference, the damage to health and the damage by electromagnetic susceptibility. According to types and process of occurring damage, the responsibility to be applied is diverse. First of all, the compensation for the damage is ruled by tort under negligence rule. The criterion of negligence is same to guideline for EMC and EMI. However, for the damage to health, Protection Guideline for Human Exposure to Electromagnetic Fields is a de facto criterion of negligence because emitted electromagnetic below minimum of guideline is not responsible for the damage. The shortcoming concerning application of tort under negligence rule is hardship of causality between electromagnetic and damage. It is actually hard to apply product liability on the compensation for the damage. Although product liability needs not negligence, the proof of causality between electromagnetic and damage is also very difficult. So the burden of proof of causality must be mitigated in product liability for damage caused by electromagnetic. The damage to health caused by electromagnetic can be ruled by environment liability in Korea Environment Policy Basic Act. This special environment liability is a heavy penalty for offender because it needs no negligence, but a range for application is so narrow. The damage not be applicable for this special liability can be dealt with special tort of civil law theory. It has a merit that proof of causality is mitigated to proof probability between damage and electromagnetic.