環境汚染被害에 대한 民事責任

• 영문명: The Civil Liability for Environmental Pollution Damages
• 발행기관: 개인저작물
• 저자명: 정완(Choung, Wan)
• 간행물 정보: 『개인저작물 - 법학·행정』제25권 제2호, 409~430쪽, 전체 22쪽
• 주제분류: 법학 > 개인저작물
• 파일형태: PDF
• 발행일자: 2003.12.01

영문 초록

Recently, problem of environmental pollution damages have been aggravated. And therefore, the control of environmental pollution has been urgently needed and it has become an impending task of the whole world. Having been developed through the sacrifice of the environment, has produced an unendurable level of pollution, which poses serious threat to the existence of humankind. There are two methods in legal measures for the issues of environmental pollution. One is public control, the other is private remedies. This theses is mainly focused on the compensation for damage among private remedies, and examines the recent changes of the legal theory in order to effectuate private remedies on the legal system in our country. In general, a claim for damages caused by environmental pollution damage can be solved by the theory of torts. The physical destruction of the environment should prove the question of the causality between the destruction and the environmental pollution in order to set up a claim for damages. It is difficult to prove that there is such a causality exists. As a result of this, many scholars have endeavored to develop such theories which can alleviate a victim`s burden of the proof of causality. There have been several attempts to mitigate the burden of proof. The probability theory, which appeared first, means that it is sufficient for the plaintiff to prove the provability of casuality in the environmental suit. However, the theory of probability has been criticized, because it reduces degree of proof only in the environmental pollution suit and the notion of probability is not clear. A compensation for damage in the existing civil law is dealt in the basis of the principle of liability for negligence and no exception is permitted, even in the case of a pollution problem. These days, there emerge many scholars, who claim from the original standpoint to apply the theory of strict liability and the theory responsibility for risk, as the main rule to meet the environmental litigation. The responsibility for environmental pollution damage is prescribed as a non-negligence responsibility under article 31(1) of the fundamental law for environmental policies. It is of an urgent request to establish the rule of strict liability suitable to pollution problems in he field of exsting civil law.

목차

Ⅰ. 序言

Ⅱ. 環境汚染被害의 槪念과 特徵

Ⅲ. 環境汚染被害에 관한 法理構成

Ⅳ. 環境汚染의 損害賠償責任

Ⅴ. 環境汚染에 대한 留止請求

Ⅵ. 環境汚染被害救濟의 實效性을 기하기 위한 手段

Ⅶ. 結語

ABSTRACT

키워드

환경오염 불법행위책임 인과관계의 입증 유지청구권 집단소송 환경오염피해배상책임보험 환경오염손해배상책임법안