환경오염으로 인한 손해배상청구에 있어서 인과관계의 입증 = The Proof of the Causation on the Claim for Dameges due to Environmental Pollution

다국어 초록 (Multilingual Abstract)

The environmental pollution problem, especially the environmental pollution problem which can be called the by-product of corporate development has proceeded to develop beyond the problem of a private nuisance between individuals simply into the problem of existence throughout our society.
Our country abolished the Environmental Protection Law enacted in 1977 under the existing single law doctrine system brought about its fruition through the reoganization and supplementation of environmental legislation by means of the multiple law doctrine, and so came to open up a new chapter in environmental pollution regulation legislation.
In a claim for damages from environmental pollution. our majority theory and judicial precedent are dependent on the legal principle of the general unlawful act as the legal principle for its relief. Therefore; the plaintiff, the sufferer from environmental pollution, can come to obtain damages to the environmental pollution only when the plaintiff sternly prove the intention and the negligence of the defendant, the wrongdoer, in an unharmful act, and the causation between the unharmful act and occurrence of the damage.
But, there are many cases that the side of the wrongdoer is more favorabl than of the sufferer in economic terms in case of the action for damges from environmental pollution. If the plaintiff, the sufferer from environment pollution, is asked to prove its causation to the same extent as the general unlawful act in this specific case as well. it is likely that the plantiff is forced to accept the conditions offerd by he wrongdoer clue to the plaintiff's inferior osition. Thus there is much difficulty in expectiong the equity and fairness of in the relief of damages from environmental pllution. Therefore, it is neces-sary to alleviate or lighten the burden of proof on the causation of environments pollution in the action for damages from environmental pollution.
Accordingly, in accordance with the request that the degree of the proof of the causation on environmental pollution should be lightened and mitigated to protect the sufferer in the act for damages from environmental pollution. several theories have come to the fore. including a prohability theory on the burden of proof on the causation of environmental pollution.
Therefore, this study aimed to provided an inquiry into the evolution of our judicial recedents and types of all the theories that have a made an attempt to lighten and miti-gate the burden of proof on the causation of environmental pollution.

목차 (Table of Contents)

• Summary = 19
• Ⅰ. 서론 = 21
• Ⅱ. 인과관계에 관한 학설 = 22
• Ⅲ. 인과관계의 입증 = 25
• Ⅳ. 판례의 동향 = 31
• Ⅴ. 결론 = 36