Research Report
A Study on the International Trends in Environmental Responsibility
I. Background and Purpose of Research
○ Today's environmental problems are progressing beyond the damage of the natural ecosystem to a desperate state that threatens human survival. For this reason, the Korean government has also treated environmental issues as a major policy task.
- In 2022, the Yoon Seok-yeol government also presented “We will create a sustainable future by realizing carbon neutrality” as one of the president’s major national tasks.
- Since the success of environment-related policies is impossible without preserving the natural environment, it is essential to prepare effective legal measures to prevent environmental infringements.
○ In addition, even without mentioning government policy, considering the seriousness of environmental damage or destruction that occurs today, it is difficult to respond appropriately to this problem with the existing responsibility system, and there is a need for discussion on establishing a new system for environmental responsibility.
○ At this point, since a discussion on environmental responsibility was held at an international academic conference recently held in Poland (International Conference of Legal Scholars Hosted by the Henri Capitant Society), it is necessary to draw implications for our country through analysis of the results of this conference.
Ⅱ. Contents
○ Today, environmental infringements occur widely, but it is very difficult not only to predict or calculate the resulting damage, but also to prove the cause of responsibility or causal relationship for imposing environmental liability, so it is the conventional tendency to resolve these problems through strict liability and the legal principle of presuming the existence of a causal relationship.
- However, this is only ex post facto relief. In other words, once environmental damage occurs, it is not only difficult to restore to its original state, but even if possible, it requires considerable cost and time, so proactive prevention of environmental damage is of the utmost importance.
○ Considering the above characteristics of environmental responsibility, this study analyzed the issues addressed at the International Conference of Legal Scholars on Environmental Responsibility held in Poland last June, focusing in particular on the following matters.
○ Chapter 3 introduces concepts related to each country's environmental responsibility targeting the countries that participated in this World Conference of Legal Scholars.
- First, we reviewed how each country defines the concept of environmental responsibility. Next, considering the specificity of environmental damage, we compared and analyzed how each country defines it and whether it recognizes ecological damage in civil terms.
○ Chapter 4 introduces the environmental responsibility laws of each of these countries.
- First, we compared and analyzed the characteristics of special legislation on environmental responsibility in each country. Second, we reviewed the impact of environmental-related criminal punishment and administrative sanctions on civil trials. Third, we examined the nature of negligence liability under general law for environmental damage. Fourth, a comparative legal review was conducted on whether state responsibility for environmental damage was recognized.
Ⅲ. Expected Effects
○ Korea also regulates environmental infringement through special laws.
○ That is, the Framework Act on Environmental Policy and the Environmental Pollution Damage Relief Act. However, in the case of Korea, there are many shortcomings in terms of effective measures to prevent or relieve environmental infringement.
- For example, the prevention of environmental infringement is, by its very nature, the responsibility of the state, but the state's legal obligation in this regard is not clearly defined.
- And in the case of private damage, filing a lawsuit by an environmental group is effective, but there is no legal basis for a class action.
○ In this situation, by analyzing and evaluating the legislative situation of various countries (especially the state's obligations regarding environmental protection and prevention of infringement, recognition of class action for private relief, recognition of state responsibility for environmental damage, etc.), it can be a great reference for improvement of Korea's environmental legislation.