환경분쟁 해결을 위한 징벌적 손해배상제도 도입에 관한 고찰

Environmental Dispute has been recently increasing and its importance has been serious. There are many studies on the settlement of environmental dispute. One of them is punitive damages system that is applied in anglo-american law system. Punitive damages may be awarded only when the wrong is malicious, and ought to be assessed by the jury in their sound discretion, without bias or feeling according to the malignity shown, and in such reasonable sum as will tend to prevent future evils of like kind and degree. Nowadays punitive damages system is estimated as effective device for deterrence of wrongful behavior. But punitive damages system has not been harmonized in our law system. Recently Fair Transactions in Subcontracting Act has been altered that plaintiff can be awarded in three times of his damages at special wrongful case. Some scholars suggest that punitive damages system should be accepted in our environmental law system. The environmental dispute adjustment committee shall try to execute the procedure for settlement rapidly, fairly, and economically, and the parties concerned who take part in the procedure for settlement shall participate faithfully in that procedure with reciprocal trust and understanding. If punitive damages system were accepted in our environment law system, the environmental dispute adjustment committee will apply it to resolve environmental dispute.