자동차를 통한 대기오염물질의 배출에 따른 민법상 불법행위책임의 성립 여부:

• 영문명: Review of a Tort Case regarding Liability for the Production of Air Pollutant-emitting Vehicles: Supreme Court Decision 2011Da7437, Decided on September 4, 2014
• 발행기관: 한국환경보건학회
• 저자명: 이선구
• 간행물 정보: 『1. 한국환경보건학회지』제42권 제6호, 375~384쪽, 전체 10쪽
• 주제분류: 공학 > 환경공학
• 파일형태: PDF
• 발행일자: 2016.12.30

영문 초록

Objectives: This paper analyzes the intersection of tort law and environmental health in a recent court decision. Methods: This paper analyzes Supreme Court Decision 2011Da7437, Decided on September 4, 2014 and related lower court decisions. Results: The plaintiffs sought financial compensation from the defendants, arguing that air pollutants in gases emitted by vehicles produced by the defendants had caused them to acquire respiratory diseases. The district court highlighted the need to mitigate the burden of proof for the plaintiffs, but proceeded to review whether the plaintiffs proved the actual toxicity levels of the air pollutants, whether the defendant’s vehicles were the main source of the emissions, the plaintiff’s level of exposure to the pollutants, and causation between the emissions and the injury. By doing so, the district court required the plaintiffs to prove both indirect and direct facts of causation, increasing burden of proof for plaintiffs. The appellate court upheld the district court’s decision, adding that the defendant’s conduct did not constitute an illegal act because it did not violate the emissions standards set by environmental law. The Supreme Court upheld the appellate court’s decision, reasoning that the epidemiological evidence cannot establish a direct causation for diseases that lack specificity. Conclusion: This case demonstrates that discussions in environmental health have significance in tort lawsuits. For each fact that the plaintiffs and defendants attempted to prove, environmental health research studies were offered as evidence. In addition, the courts decided the legality of the defendant’s conduct based on emission standards set by environmental law.

목차

I. 서 론

II. 소송의 경과

III. 연 구

IV. 결 론

키워드

Burden of proof environmental health environmental torts Korean court decisions,