환경정책기본법 제31조에 의한 무과실책임의 문제점과 개정방향 - 환경정책기본법의 개정안 제44조와 관련하여-

Abstract

There are many legislations regarding claim for damages due to environmental pollution; but, the core legislations are Article 750 of Civil Law for liability and Article 31 of Environmental Policy Act (EPA) for regulation on strict liability at workplace. In May of 2009, as the government bill for revisions to EPA was submitted, it also included revision for Article 31. Article 31 of EPA recognizes the substantial effect of strict liability at workplace. Therefore, damages caused by pollution at workplace are eligible for compensation as long as the causal relationship between the harmful act and the causal damage are proven. However, as mentioned before, this causes many problems. Even if the existing regulations are amended as Article 44 of the “Revision for EPA,” submitted as government bill in May of 2009, it only adds problem on top of another one. From the perspective of systematic interpretation of Clause 5 of EPA, from the perspective of reasonable change within responsible range for strict liability at workplace as recognized in Article 31 of EPA, from the perspective of protection of the victims, the direction of amendment for Article 31 of EPA should lead to establishment of what can be called “Environmental Responsibility Act.” Enactment of this Environmental Responsibility Act mainly focuses on compensation to victims for damage, but also has preventive function for infringement. Strengthening environmental responsibility through strict liability in Environmental Responsibility Act not only entrusts environmental protection to regulations, but also corresponds with the general tendency that inserts the market economic measures. That is, through rigorous environmental responsibility, the burden in environment-hazardous production process eventually will lead to development of environmental-friendly production and process.