잠재적 오염원인자의 환경책임에 관한 법적 검토

Abstract

These days various pollutants are causing serious environmental contamination. And most of the natural disaster occur because of environmental pollution. We cannot doubt that environmental pollutions are the result of human activity. But destruction of the environment must give rise to serious trouble to health and life as secondary public nuisance. We appeal to coercive measures or incentives to encourage protection of the environment. But environmental regulations are very lax in Korea, so enterprises, for example chemical industry and energy-guzzling industry, are polluting the air, rivers, soils, and seas. etc. In particular, the environmental rights as constitutional rights too often ignored. Because we consider property rights and business rights more important that. Furthermore, some people contend that environmental regulations violate property rights. Such being the case, protection of the environment This paper is studying the environmental liability of potential polluter. Environmental pollution occurs in a production process of industry. So, the potential polluter should burden expenses to prevent pollution. Potential polluter is people who can lead to contamination. Or it is people who own or hold, or manage lands and facilities. According to environmental rights, the government should do all it can to protect the environment. Besides, business operators and the people should protect, too. In other words, we have a moral obligation and legal obligation to protect the environment. In this legal obligation result from environmental rights. According to Article 35, All citizens have the right to a healthy and pleasant environment. The State and all citizens shall endeavor to protect the environment. This paper analyze, general principle of environmental law, precautionary principle, polluter pays principle, cooperation principle, and sustainable development principle. Firstly, preventive principle requires action to be taken at an early stage and, if possible, before damage has actually occurred. Today, the precautionary principle is recognized in the area of environmental law as one of the general principle. Second, the polluter pays principle establishes the requirement that the costs of pollution should be borne by the person responsible for causing the pollution. Thirdly, Cooperation principle is that government, enterprises, the people build a cooperative system in environmental protection. The fourth, the term sustainable development is generally considered to have been coined by the Brundtland Report, which defined it as development that meet the needs of the present without compromising the ability of future generations to meet their own needs. According to principles of environmental law, potential polluter ought to pay entire costs to prevent pollutions, and remove pollutants.