환경분쟁해결 수단으로서 징벌적 손해배상제도

Environmental pollution accidents, for example chemical accident, explosion accident occurred one after another, which threaten public health and safety to daily increasing explosion of public anxiety. However an effective remedy system for the victim is insufficient. Company for the purpose of profitability in general, on the other hand, is generating environmental pollution purposely and constantly. in addition, for the reason that sanctions is so weak in case that revenue is higher than the penalty the vicious cycle of environmental infringement continues. Given the difficulty of restitution or long-term commitment from the pollution of the environment, it is more important to prevent contamination. Therefore, it is imperative to see the punitive damages provisions as a means of punishment and prevention of pollution of the environment. The punitive damages are necessary to achieve justice system more in environmental areas can not be solved by a rule of public law as shown above. Because punitive damages would be calculated, being considered significance and repetition of illegal act, necessity of prevention, punitive damages is very suitable system, having the function of proactive prevention as well as post-regulation means. Also punitive damages could serve as a source of pollution compensation fund. It is true that punitive damages are reluctant to be introduced for the reason of excess of damages and distinction civil law field from criminal law field which is Continental law system. However Considering the facts that three times of damages are introduced in “Fair Transactions in Subcontracting Act” and that the precautionary principle is one of the environmental law principles, It is a very good means to use th punitive damages systems in environmental law field. To strengthen the liability for the increased risk of environmental damage is the better way to access the precautionary principle for environmental protection and social security in the time that the environmental damages are increasing due to the advanced industrial society.