바이오안전성의정서 추가의정서상의 손해배상에 관한 법적문제

November 2010, the additional protocol on the liabilities and restoration, which are defined by Section 27 of the Cartagena Protocol, was made. Each nation will implement the protocol by ratifying it until this year. Therefore, it is required that South Korea has to make a legal ground that enables it to make those who bring environmental disasters with living modified organism take legal liability. It is also required that whether the preexisting law should be utilized or new laws have to be made. However, it is an unsolved question of whether the legislation should command the liability with a contract, the responsible principle of the Section 750 of the korean Civil Law, or the principle of liability without fault. When it goes as a contract, it is difficult to compensate to unspecified individuals. When it goes with the Section 750, remedy for violation of private right can be insufficient because victims have to prove the existence of fault and cause-and-effect relationship. Therefore, liability without fault should be used in order to achieve sufficient remedy for violation of private right. When we use the principle of liability without fault, we can refer to environmental laws like Product Liability Law, Environmental Policy Basic Law, and Soil Environment Protection Law. However, many cast doubt of whether these laws can be applied to living modified organism or not. Germany made an additional principle of law for living modified organism rather than used the preexisting legal system. It is Gentechnikgesetz. The Section 32 of the law shows it clear that it has the principle of risk-liability. Also, the Section 34 of the law is about liability without fault to presume cause-and-effect relationship. In addition, the Section 35 grants one’s claim to have an access to the related information of enterprises and the governmental offices. Generally, the laws for remedy of environmental damages adopted liability without fault demand strict liability, but limit the amount of compensation for damages. German laws also do that. Of course, if the amount of compensation is greater than the limit of compensation specified in the law, one can be compensated for the rest of compensation by using the remedy for general violation of private right in Civil Law. The effect from environmental damages uses to happen for a long time, so the prescription of the law should be longer than that of Civil Law. The financial source for remedy should be secured in advent because the size of damages will be great. Hence, we may establish a trust fund or insurance system. Genetic Technology Law is causing disputes also in Germany. However, its implementation of liability principle in law has a great of implications to South Korea that has to make liability principle in law for living modified organism.