환경오염사고에 대한 경제학적 고찰: 한국과 일본의 불법행위책임 법리를 중심으로

This study introduces economic approaches to legal regulation regarding environmental issues, and analyzes the issue of torts liabilities coping with the characteristics of the environmental pollution accidents from economic points of view. In addition, examined the standards of legal decisions on compensation liability focusing on related laws and cases in Korea and Japan and conducted a comparative analysis between rule of negligence and of strict liability dealing with the environmental pollution accidents. It was proved that there was no significant difference between the rule of negligence and the strict liability if the standard of judging the presence of fault would be the level of precaution of a polluter. However the efficiency was proved to lie with the strict liability when the activity level of the polluter’s is considered together. In the same vein, in Korea and Japan, the legislation and judgement, that hold strong on to the principle of strict liability related to the environment are justified from an economic point of view as well. However, in terms of analysis model of bilateral precaution or bilateral activity, neither the law of negligence nor that of strict liability succeeds in being a real incentive for the both parties to pay appropriate attention. This is a dilemma in terms of selecting the rule of liability that legal policymakers often face. The issue could be dissolved to some degree by applying the rule of contributory negligence or of comparative negligence or using diversified legal and economic means except judicial measures.