환경관련 행위에 대한 공법적 책임
정훈
Abstract
정훈
Abstract
The liability under the environmental law is owed to an environmental protection administrative agency, when the goal of each individual environmental law, prearranging environmental protection, is not satisfied. It means that the liability is a punishment for various violation of legal duties subjecting the polluter to an enforcement mechanism including direct pollution removal, or the expense charges for the environmental pollution prevention or pollution removal. But this does not mean general environmental liability, but the liability under the environmental public law. Namely, there are civil liability that is derived from the environmental rights or profit infringement, and also criminal liability regarding a violation of environmental punishment regulations. Accordingly, the environmental liability mentioned in this paper refers to the narrow meaning of the liability under the public environmental law, i.e., the liability that an environmental actor may be held liable to certain environmental administrative agencies, including penalties and punishments and the fines and expenses accompanying thereto.
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The liability under the environmental law is owed to an environmental protection administrative agency, when the goal of each individual environmental law, prearranging environmental protection, is not satisfied. It means that the liability is a punishment for various violation of legal duties subjecting the polluter to an enforcement mechanism including direct pollution removal, or the expense charges for the environmental pollution prevention or pollution removal. But this does not mean general environmental liability, but the liability under the environmental public law. Namely, there are civil liability that is derived from the environmental rights or profit infringement, and also criminal liability regarding a violation of environmental punishment regulations. Accordingly, the environmental liability mentioned in this paper refers to the narrow meaning of the liability under the public environmental law, i.e., the liability that an environmental actor may be held liable to certain environmental administrative agencies, including penalties and punishments and the fines and expenses accompanying thereto.
Key concepts: Liability, Strict liability, Legal liability, Environmental law, Business, Enforcement, Law, Punishment (psychology)