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TITLE Supreme Court Decision 2019Da292026, 292033, 292040 Decided June 25, 2020 ¡¼Confirmation of Nonexistence of Obligation; Damages; and Damages¡½ [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 factfinding, 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 factfinding proceedings (affirmative in principle)
[3] In a case where a litigation representative separately obtains a particular authority for the matters related to the 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 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 racetrack 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
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