TITLE	Supreme Court Decision 2019Da300866 Decided December 28, 2023 ¡¼Damages (Etc.)¡½ [full Text]
Summary
¡¼Main Issues and Holdings¡½ Where a business owner of the relevant facility is held liable for environmental damage pursuant to Article 6(1) of the former Act on Liability for Environmental Damage and Relief Thereof, the standard of proof to presume the causal relationship between the facility and the damage arising therefrom and, in such a case, whether a fact that pollutants, etc. emitted from the relevant facility reach the victims or damaged articles, and, according thereto, environmental damage occurs with regard thereto should be directly proven (negative) Whether a business owner may contend therefor by disproving indirect facts as referred to in Article 9(2) of the same Act or reverse, or be exempt from, presumption by proving facts stipulated in Article 9(3) of the same Act (affirmative)

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