본문 바로가기 주메뉴로 바로가기
All
TITLE 【Syllabus of Latest Opinion】 Supreme Court Decision 2019Da292026, 292033, 292040 Decided June 25, 2020 【Confirmation of Nonexistence of Obligation; Damages; and Damages】 [full Text]
Summary
[1] In a case where any suffering is caused by environmental pollution or environmental damage, whether the person who has caused the environmental pollution or environmental damage shall compensate for the suffering even if the said person has no cause for which the said person is responsible pursuant to Article 44(1) of the Framework Act on Environmental Policy (affirmative) and the distribution of the burden of proof regarding causation in relation to the action for damages caused by environmental pollution
[2] Whether the probative power of the result of appraisal by an appraiser and the fact-finding, or the determination on ratio, regarding the cause to mitigate responsibility in cases seeking compensation for damages arising from torts are included in the matters on full authority of fact-finding proceedings (affirmative in principle)
[3] In a case where a litigation representative separately obtains a particular authority for the matters related to filing of an appeal, whether the litigation representative may correct defects such as not attaching a stamp on a written appeal (affirmative in principle) and in such a case, the presiding judge of the original instance may order the litigation representative to correct the defects related to the stamp (affirmative in principle)
[4] In the case where Party A and others who has run flower gardens near the Seoul Racecourse Park demanded compensation against the Korean Horse Affairs Association, arguing that the potted plants, flowers, etc. cultivated by Party A and others withered to death as the salt sprayed by the Korean Horse Affairs Association to prevent the sand of the race track from being frozen into ice flew into the flower gardens through underground water while the Korean Horse Affairs Association was running the Seoul Racecourse Park, the case holding that the liability for damages caused by the Korean Horse Affairs Association is recognized in accordance with Article 44(1) of the Framework Act on Environmental Policy
Prev Supreme Court Decision 2017Du72935 Decided June 25, 2020 【Revocation of Disposition Imposing Corporate Tax, etc.】
Next Supreme Court en banc Decision 2015Meu8351 Decided June 18, 2020 【Confirmation of Existence of Biological Parental Relation】
219 Seocho-ro,Seocho-gu,Seoul 06590,Republic of Korea 02-3480-1100