토지오염의 책임당사자에 대한 고찰

Abstract

When a land is contaminated, polluters have to bear clean-up and indemnity responsibility. The character of the responsibility is a strict liability. When joint polluters exist in a soil pollution, they bear collective responsibility. But they are exempted from obligation in case of a natural calamity and war. The polluters who are poor contribution of pollution take a partition responsibility but it is not easy to prove that. The Soil Environment Preservation Act includs a polluter, an owner or occupant and operator of a contaminated site, grantees of the pollution facility or land and a successful bidder as the parties of purification and compensation liability. When they are good faith and without a negligence, a grantee and a successful bidder are freed from their responsibility. But when we don’t appoint the polluters or they can’t do a clean-up, a nation put in effect the purification of contaminated site. In such a case, we need to let another parties who are related to the contamination bear the liability. The province of the parties to a liability, therefore, is required to extend to an owner or operator of a pollution facility and site as well as the carrier of harmfulness substances, a lender(a mortgagee), a holding company(a stockholder) and a successor.