An Analysis on the Burden of Proof in Korea’s Environmental Lawsuits

Abstract

After the industrial development, mankind got abundant material benefits; however, this resulted in some serious environmental pollution. Nowadays, it is a well known fact that the environmental pollution has detrimental impact on the livelihood of humanity. That is, humankind is getting damaged by the environmental pollution which is broadening to all local areas quantitatively as well as qualitatively and influencing the survival and the activity of animals and plants. The damages on human beings caused by environmental pollution have several characteristics.*This work was supported by the research grant from Hankuk University of Foreign Studies in 2011. It was also based on the paper which presented at “International Conference on Law and Culture in South-East Asia”, July 13. 2011, University of Indonesia in Jakarta/Indonesia. **HUFS Lawschool Jo, Eun-rae. “Consideration on Consideration of Proof Problem of Environmental Lawsuits.” Environmental Law Research 28.3 (2006):p. 300. First, in most cases the processes of the environmental pollutions with harmful substances to outbreak of damages are not scientifically proved. Second, outbreak of damages lies latent regardless of whether or not the victim is aware of being exposed and contacted with harmful substances. Third, there is a long term between the exposure and contact with the harmful substances and the actual outbreak of damages. At last, victims do not have necessary information on inflicting facilities like factories and it causes difficulty in proving the victims’ side. In view of the thoroughly documented detrimental impact of environmental pollution on the livelihood of humanity, countries around the world have adopted a number of pre- and post-measures to counter such environmental damage. This analysis examines the course of judicial redress against environmental damage. Environmental litigation involves daunting tasks for both plaintiffs and defendants including specifically identifying the tortfeasor, burden of proof, illegitimacy of the alleged violation, as well as proving the nexus of causation between the damage and alleged violation.Park, Kyun-sung. Environmental Law. Parkyoungsa, 2004. P.196. Thus, I would like to delve into the issue of burden of proof in Korea’s environmental litigation and its entailing causation.