물값분쟁에 대한 판례 검토

Abstract

Seoul has been in dispute with Korea Water Resources Corporation(KWRC)regarding water fee. While KWRC sued Seoul for the payment of water fee,which was price for water supply from April 2004 to December 2004, Seoul also filed a lawsuit against KWRC, in which Seoul requested the defendant to refund the amount as unjust enrichment, which KWRC had unjust received from Seoul. On Jan. 13, 2011, those Cases had been decided in favour of KWRC. On the contrary, it was said that Seoul has no legal base for rejecting the payment of water fee. This article is made to review the court's decision. The court announced that KWRC has a just right to receive water fee from Seoul. KWRC had made several contracts with Seoul under condition of Korea Water Resources Corporation Act and Dam Construction & Dam-region Act. In addition, KWRC enacted Dam Water Supply Regulations and imposed water fee which was calculated on the basis of Dam Construction & Dam-region Act and Dam Water Supply Regulations. However, in legal disputes, Seoul insisted that the contracts are not made or void, because there is no agreement, or the contracts are unfair made. Furthermore, there is the difference concerining the way of the measure for the use of water between Seoul and KWRC. Seoul asked KWRC to sum the entire use of all water intakes, however, KWRC rejected the demand of Seoul. KWRC measured the use of water by each water intake. The court decided that Seoul's claim had no legal basis. At last the court confirmed that the contracts between Seoul and KWRC were signed and vaild. Accordingly, Seoul is responsible for paying water fee. In conclusion, the decision of the court regarding the water fee dispute is right. By the way, KWRC has been in dispute with another local governments. The jurisprudence of this case could have a significance for solving the legal problem on the water fee in other cases.