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(영문) 대법원 2018.09.13 2016다35802
손해배상등
Text

All appeals are dismissed.

Of the costs of appeal, the costs of appeal between the Plaintiff and Defendant COSchemical Co., Ltd.

Reasons

The grounds of appeal are examined.

1. The reasoning of the lower judgment on basic facts and the record reveal the following facts.

Defendant A Co., Ltd. (hereinafter “Defendant Grand”) received and supplied the scrap metal discharged from the place of business by Defendant COSP Co., Ltd. (hereinafter “Defendant COSP”) to the Plaintiff.

On March 2014, the Plaintiff confirmed that part of the scrap metal contaminated by radioactivity was to supply the scrap metal supplied from Defendant Dae to Dong International Institute Co., Ltd. on the same route.

(hereinafter referred to as “the instant scrap metal”). Defendant COSV appointed a business agent in accordance with the direction of the Korea Institute of Nuclear Safety, and removed radioactive contaminants in the workplace.

2. Whether the liability for damages was established for Defendant COSchemical (Defendant COS chemical’s ground of appeal Nos. 1, 2, 4 through 7)

A. The Framework Act on Environmental Policy sets forth the principle of liability of polluter and the strict liability for damages caused by environmental pollution.

Article 7 of the Framework Act on Environmental Policy provides, “Any person who causes environmental pollution or environmental damage due to his/her own act or business activity shall be liable to prevent such pollution or damage and to recover and restore the polluted or damaged environment, as well as to bear expenses incurred in the relief of the damage caused by environmental pollution or environmental damage.”

Article 44(1) of the Framework Act on Environmental Policy provides that “When any environmental pollution or environmental damage has occurred, a person who has caused such environmental pollution or environmental damage shall compensate for such damage” as the title of “Strict liability for environmental damage”.

The term "environment" as referred to in this Act means the natural environment and living environment (Article 3 subparagraph 1 of the Framework Act on Environmental Policy), and the living environment among them refers to the environment related to human daily life.

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