환경오염피해구제법상 구제급여에 관한 소고

“Act on Liability for Environmental Damage and Relief” was legislated on 31 December 2014 (hereinafter “Environmental Damage and Relief Act”), and has been under implementation since 1 January 2016. The purpose of this Act is to provide an effective framework for remedying losses from environmental damage. Among others, its specific functions include clarifying liability on environmental damage and lightening the burden of proof that is to be undertaken by the victim. “Salvation fund” is a payment made to either a victim or the family member(s) of the victim, who are not able to receive any compensation for environmental damage, for reasons including not being able to identify exactly who or what caused the environmental degradation. The “salvation fund,” which was introduced with the legislating of the Environmental Damage and Relief Act, is unheard of in other countries. It could be argued that the “salvation fund” is similar to the idea of “guarantee” under the “Guarantee of Automobile Accident Compensation Act.” In light of the Supreme Court’s ruling on the Guarantee of Automobile Accident Compensation Act, it could be said that the legality of “salvation fund” under the Environmental Damage and Relief Act could be equated with the claims right found in the Guarantee of Automobile Accident Compensation Act. This means that whoever requests the “salvation fund” carries the burden of proof, wherein the claimant must prove that he or she is entitled to receive the “salvation fund.” The Guarantee of Automobile Accident Compensation Act stipulates: “the Government may conduct investigations ex officio and compensate for damage sustained by the victim to the extent of an amount covered by liability insurance even if the victim has not filed a claim for damage.” In contrast, the Environmental Damage and Relief Act stipulates that the victim should file a claim to the office-in-charge, in order to receive the “salvation fund.” It must be noted that the Environmental Damage and Relief Act does not mention that the government may investigate and compensate the victim. This paper seeks to provide an appropriate standard to be applied for deciding whether or not the claimant is entitled to receive the “salvation fund.” At the same time, it seeks to give suggestions for the standard operating procedure to be used for the preliminary screening and advance payment of the salvation fund.