환경손해의 공․사법적 구제에 관한 연구 - 프랑스에서의 논의를 중심으로 -

The French Environmental Code not only enacts the EU Environmental Liability Directive, but also provides for group litigation. In France, there is no strict distinction between public and private law, and the relationship between them is open and flexible. In the case of group litigation under the Environmental Code, the form is brought up as a civil action. The French Civil Code prescribes charge for compelling the compliance. These provisions of French law would give a new perspective to Korean law. In France, environmental group litigation starts from the concept of pure environmental damage or ecological damage and collective interest. In the past, it has been understood that environmental benefits are not subject to civil action. In recent years, however, the French Supreme Court has tended to widely recognize environmental group litigation. There is a tendency to relax the requirements for plaintiffs in environmental group litigation. It also recognizes precautionary measures and compensation for intermediate damages. In France, discussions on the estimation and calculation of environmental damages have been considerably developed, and it can be worth mentioning in Korea.