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The Liabilities for Tort on Natural Environment

  • DONG-A LAW REVIEW
  • 2013, (58), pp.541-576
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Yoon, Taeyoung 1

1아주대학교

Accredited

ABSTRACT

The natural environment issues in civil law are related to the matters of tort liability for damages caused by environmental pollution or neighbor relationship. However, there is little study about the rights of nature in civil law. The problem of rights of nature begins with how to recognize and honor that nature; trees, oceans, animals, and mountains has rights just as human beings. We have regarded the nature conservation as a matter of public law rather than civil law. Nowdays, however, nowadays, the several environmental organizations, which is concerning about the destroy of natural environment, are trying to claim the tort liability to people who causes damages through destroying nature. The recent salamander’s case in Korea shows one example that the right of nature is an important issue in civil law. Therefore, this article discusses the tort liability issues relating the destroy of the natural environment. This article includes four major concerns : 1) Korean Supreme Court negates a concrete entscheidungsnorm on the Korean Constitution Article 35(environmental rights) because those are not specific and direct benefits protected by law, so this article tries to materialize a legally worth conserving interest 2) This study attempts to set a standard of judging the illegality about development 3) It is hard work to calculate the damages by nature development, this article introduces some discussions in the U.S. to solve that problem 4) Nature damages are difficult to be recovered, a claim of injunction against the wrong should be accepted directly on Korean Tort law Article 750.

Citation status

* References for papers published after 2022 are currently being built.

This paper was written with support from the National Research Foundation of Korea.