환경오염과 보험제도에 관한 고찰 : 미국의 법제를 중심으로 = A Study on the Environmental Pollution and Insurance System : focus on the Legislation of America

다국어 초록 (Multilingual Abstract)

Nowadays, the problem of environmental pollution has been aggravated. The control of environmental pollution has therefore been urgently needed and it has become an impending task of the whole world. Mordern society, having been developed through the sacrifice of the environment, has produced an unendurable level of pollution, which poses serious threat to the existence of humankind.This paper suggests a effective regulatory mechanism for cleaning up the hazardous waste sites by introducing the statutory language of CERCLA, including the scope of liable parties and Superfund, which is not sufficiently available under the Korea's current civil law theories.The object of this thesis is to study the environmental liability insurance Law and to consider the possibility of the introduction of that insurance in Korea. In this respect, it is required to prepare the environmental liability insurance, to prevent the environmental pollution problem in advance, and to restore and compensate the possible damage from pollution. In broad sense, the environmental liability insurance includes the commercial general liability insurance, the commercial property insurance and the original environmental liability insurance includes the environmental impairment liability insurance and the pollution liability insurance. The necessity and usefulness of the environmental liability insurance in preventing the pollution accident by the precaution of the insured due to the burden of enlarging premium and the possible deprivation of future insurance chances and in restoring the damages resources and surroundings and in compensating the injured person and damaged property can be greater than expected. As a conclusion, in Korea, there should be the introduction of the environmental liability insurance as soon as possible.