환경오염피해소송에서의 인과관계 판단 - 관련 판례의 분석 및 환경오염피해구제법 시행에 따른 전망을 중심으로 -

Abstract

In the environmental lawsuit, one of the most difficult thing for judges is to make a decision about the casuality between pollutants and damages. The plaintiffs who demand compensation sometimes feel great difficulty to prove the casuality. That is because for the strict proof of the causality, the very high level of knowledge of science is required and it is costly and time-consuming. Most victims cannot handle it. To reduce the victims' burden of proof, the various theories including so-called probability theory were developed and the Supreme Court of Republic of Korea has erected its own legal principles on ruling the casuality such as judges can relieve of shift the burden of proof under certain conditions. Recently the Act on Indemnification and Remedy for Environmental Pollution Damage was enacted and it is in operation. The Act provides presumption of causation. But the interpretation and application of the article, the relationship with the established principles of Supreme Court are not solved clearly. Continuing interest and in-depth discussion should be necessary.