환경오염피해 배상책임 및 구제에 관한 법률의 평가와 향후 과제

초록

In the law field, liability problem has been always hot issue and permanent theme. Act on Indemnification and Remedy for Environmental Pollution Damage, made in December 2014(which will be in force since 1. January 2016) can be assessed as a landmark of environmental law history in that it set liability issues to rights and provides remedial system profoundly. However, the process of law making was not easy. Intensive controversy among many and various interested group involved, such as industry, non-governmental organization, academic circles, postponed the progress of law making seriously. This suggests that the enactment of the Act will not easy-going and has a long way to go. Shortly, the aim of the Act is fast and sufficient remedy for a party who suffered damage. For this, the Act provides, among others, strict liability of an owner of a facility, presumption of causation, obligation to insure environmental liability, claim to information. The Act does not take sides one-sidedly with a party who has suffered damage. Carefully, the Act also considers responsible party providing, among others, limit of the amount of liability, exclusion of presumption, compensation by nation. Note that the Act provides nation's obligation to pay compensation to person who is not indemnified sufficiently. Such system seems to be very progressive and ambitious, in that it cannot be found even in developed nations. Making the Act does not mean that all of issues surrounding environmental liability are solved clearly at a stroke. To succeed, it is also important to enact the system well. In this regards, continuous and careful attention should be payed to still unsolved issues, which include, among others, retroactivity, remedy for natural resource itself, class action, standing of NGO.

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