자연환경 손해의 구제 현황과 향후 과제

As environmental pollution has devastated human health and quality of life, and environmental problems such as climate change have threatened the survival of mankind, legal remedies have emerged to protect the environment more actively, such as a legislation that imposes certain responsibilities against damage to natural environment itself, irrespective of violations of human legal interests. This paper examines whether it is possible to claim liability for damage to the natural environment itself, and argues for the need for the proper legislation in the field of environmental damages, comparing the current state of our law with the advanced legal system in Germany or the United States. In order to propose the necessity of introducing the legislative measure, this paper firstly examines whether the liability for damage to natural environment itself can be remedied in korean legal system. In our legal system, natural environmental damage is basically able to be recovered only if it is involved in the infringement of an individual's legal rights. Secondly, the paper reviews the legislative models of the United States and Germany, which have advanced legislation on the protection of natural environment damage itself. Finally, based on the comparative legal review, it argues that there is a need for a separate liability legislation in order to relieve natural environmental damages in the future. And proposes the legislative direction on basic issues such as the definition of natural environment, the principle and contents of natural environmental responsibility.