Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 10, 2003, the residents of the village A in the Gunsan-si discovered that the area around the north of the USFK base (hereinafter “instant USF base”) located in B (hereinafter “instant USF base”) was contaminated by oil and reported it to the Republic of Korea air force. On April 18, 2003, the Plaintiff requested an inspection to the Korea Environmental Management Corporation, and requested an inspection of water quality on groundwater to the Public Health and Environment Research Institute of Jeollabuk-do to conduct an inspection on the quality of groundwater, thereby presumed that the oil was leaked from the instant US military base.
(2) Upon the Plaintiff’s joint investigation request, the Plaintiff, the Defendant, and the U.S. forces agreed to conduct a detailed investigation into the oil pollution area jointly conducted on September 30, 2005. Accordingly, as a result of the Environmental Management Corporation’s investigation into soil and underground water on approximately 111,265 square meters in the vicinity of the instant U.S. military base from November 1, 2005 to March 17, 2006, it was found that the oil ingredients in excess of the standard values were detected in soil and underground water inside and outside the instant military base, and that the oil inside and outside the base are similar to that in the base, and that groundwater flows outside the base.
(3) In the working-level consultation of the Environmental Subcommittee held on April 25, 2007, the Plaintiff, the Defendant, and the U.S. military agreed that the U.S. military side installed the extracted products to remove the substances generated from groundwater, measured and confirmed the height of the said products periodically at the time of the completion of the extraction work, and the surface of the groundwater is managed by using a new oil separation device and to prevent contamination in the surrounding areas in the future.
In the above practical consultation, the expenses incurred by the Plaintiff for sampling work and purification work related to the previous damaged area of the instant case were agreed to be compensated in accordance with the SOFA procedures.
(4) The Plaintiff is responsible for purifying contaminated soil at his own expense with respect to 1,604 square meters in the previous damaged area.