TITLE	Supreme Court Decision 2009Da84608,84615,84622,84639 Decided January 12, 2012 [Compensation for Damage,Compensation for Damage,Compensation for Damage,Compensation for Damage] [full Text]
Summary
[1] The allocation of burden of proof on causation in the pollution lawsuit [2] The probative value of the appraiser's appraisal result, and whether to reject the erroneous part among the appraisal result and adopt the remainder as evidence (Affirmative in principle) [3] The method to determine tolerance limit as unlawfulness element of torts [4] In case where a fisher Gap et al. claimed water pollution damages against Sudokwon Landfill Site Management Corp., the Case holding that according to appraiser's appraisal, damage to fishery of Gap et al. is very likely to occur since contaminant of the Corporation's discharged processed leaching water affected ocean living things; causation between its contaminant discharge and damage on fishery was proved; the causation was not rebutted by counter-example; loss suffered by Gap et al. exceeded tolerance limit and thus, unlawfulness is acknowledged

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