폐기물 관리 법상 사업장 폐기물 배출사업자의 법적 책임

Abstract

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...