토양환경보전법상 정화책임의 민사법적 검토

Soil pollution purification is a public responsibility in a Soil Environmental Protection Law. It's responsibility for a necessary cost for land purification in civil law. When they deal in a polluted soil, purchaser can make seller take contractual liability. The purchaser can ask to pay purification measure or disposal cost and damage of undertaking delay to the seller. The purchaser burdened purification responsibility can demand damages or unfair profits in return for purification cost. In the Article 10 Section 3 Soil Environmental Protection Law, liability without fault is regulated for injured party relief. However a specific Environment Liability Law should be enacted because there are a proof ease of cause-and-effect relationship, information claim, implementation security of compensation, etc.. We need the measures to resolve a joint liability distribution about purification responsibility. As the countermeasure for these, liability order among polluters and decision-making process should be reflected in policy. The court has judged severely the responsibility of seller as polluter in the case of dealing in real estate recently. So if they can recognize socially the hazard of current pollutants on the land, the purchaser can claim the warranty liability to the seller even if he is not aware of contamination situation about the land. Also if the seller could perceive the risk of pollutants on the land and predict the concerns that the current pollutants had been contained from the background of land, the seller must explain this fact to the purchaser. Because this sounds in contract purpose and good faith principle. When the seller is negligent of this duty, he assumes the responsibility for default.