ScholarWorks@숙명여자대학교

초록

Today, damage to soil pollution is becoming an increasingly important social problem in that it is persistent and difficult to recover, and the importance of soil in relation to climate change is emphasized. The responsibility of purification is important in Soil pollution. Conventionally, the Constitutional Court found that the pollutant clause could not be applied indefinitely. There is also a concern that due to this decision of the Constitutional Court people can avoid the responsibility of purification. In Germany, it also issues a purification order for liability of behavior as well as liability of state. Recently, the Supreme Court has recognized the liability of illegal acts against former landowners who do not have a direct business relationship when causing soil pollution and circulating contaminated land. The Korean Soil Environmental Conservation Act regulates discipline subjects comprehensively compared to the Federal Land Conservation Act of Germany. In order to prevent and eliminate soil pollution, it is effective to specify the object of discipline more specifically. It is also desirable to specify the survey of soil contamination in conjunction with the purification order. Investigation of general soil contamination is also important, but in some cases it is necessary to determine if soil contamination should be investigated and intervened. In particular, it is important to specify specific intervention requirements in the case of administrative agency discretion. The more specific the discipline object is defined, the more likely it is that the judgment of intervention will become clear. The provisions on "liability without fault" of polluter are very vague and should be amended so that the meaning of "no-fault" can be highlighted. As a remedy for civil and legal rights in public law, tort claims may be taken into consideration, which may be a matter of liability of states for omission or nonperformance. In such cases, the "claim for administrative intervention" may be considered as a special right.

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