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Reviewing the operation of environmental liability insurers - A comparative law overview of the operation of environmental liability insurers in EU Member States -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2023, 11(2), pp.11-41
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : April 19, 2023
  • Accepted : May 29, 2023
  • Published : May 31, 2023

Ji Gwangwoon 1

1군산대학교

Accredited

ABSTRACT

The damage caused by environmental pollution is often difficult to estimate and the cost to society is significant. In view of this general risk of environmental pollution damage, the EU has issued a general directive on environmental liability, and each Member State has enacted various laws and regulations to prevent pollution and promptly repair damage, and transferred the liability risk caused by environmental risks through insurance. In Korea, the third consortium of environmental liability insurers became an environmental liability insurer last year and is responsible for providing environmental liability insurance. Due to criticism of excessive insurance premiums during the third operator selection process and criticism that the system only rewards insurers for low loss ratios, the government has intervened and developed a plan to improve the system, but it is not known how long this type of operator selection method will be effective. Therefore, it is time to consider whether to stay with the existing consortium method of selecting companies, convert it to national reinsurance, or allow different insurers to compete in the market with their environmental liability insurance products, such as the case in Germany.

Citation status

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