폐기물 관리 법상 사업장 폐기물 배출사업자의 법적 책임
Legal Responsibility of Industrial Waste Generators on Wastes Control Act

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서울대학교 법학연구소
법학, Vol.45 No2 pp.97-155
폐기물관리법배출사업자의 법적 책임불법투기된 폐기물종료되지 않은 환경오염
While Korea realized tremendous economic expansion in a relative short period
of time, the pressure placed on the environment as a result of this expansion
revealed some serious pathological phenomena. One of the most serious
phenomena is soil and groundwater contamination caused by illegal disposal of
industrial wastes. This article describes how and by whom a number of severe
illegal disposals of industrial wastes were made, and how to legally cope with
them, especially focusing on legal responsibility of enterprisers who generate
industrial wastes on “Wastes Control Act” (“the Act”).
Most of important legal issues concerning the Act are concerned with the
situation where an industrial waste generator disposes of wastes generated from
her place of business all by herself. Disposal of industrial wastes by a generator
often results in their illegal abandonment or dumping, which is revealed far later
when she assigns business, or sells the land on and in which wastes have been
dumped or buried(“dump-site”) to another person. Concerning the situation, this
article argues as follows:
1. Where wastes were disposed of in such a manner as fails to meet the
standards prescribed in the Act, the person who disposed of wastes should
observe the mandatory order to take measures with respect to waste
disposal(“mandatory order”) even though the Act did not enter into force when
the waste disposal was made.
2. If an industrial waste generator assigns business to another person, or if a
corporation merges with another, the assignee, or the corporation surviving after...
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 45, Number 1/4 (2004)
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