환경책임법과 환경분쟁조정제도의정합성 확보를 위한 법적 고찰

Abstract

This Paper aims to review the Legal Study on fitting Relation of Environmental Liability Act and Environmental Dispute Adjustment Act. The Korean Ministry of Environment is currently preparing the Environmental Liability Act. This act has provisions of liability without fault, presumption of causation, claim to information, environmental liability insurance, etc. In this paper, I tried to review how the enactment of Environmental Liability Act impacts with Environmental Dispute Adjustment. The Environmental Liability Act defines term of ‘environmental pollution damage’, the Environmental Dispute Adjustment Act defines term of ‘environmental damage’. The latter is broader than the former. The latter means damage to the health, property and mentality resulting from air pollution, water pollution, soil pollution, sea pollution, noise, vibration, malodor, the destruction of ecosystem, sunshine inhibition, view inhibition etc. which occur or are expected to occur by acts of business or any human acts. This involves the damage by destruction of ecosystem, damage of mentality. Definition of the latter is broader than the former. Therefore the latter can complement lack of the former. It’s important that both should have fitting relationship in order to expand remedies. In this paper, first of all, I review a institutional essence of the Environmental Dispute Adjustment System, and then I try to analyze empirically relationship of Environmental Liability Act and Environmental Dispute Adjustment System, to suggest improvement of Environmental Dispute Adjustment System.