All
| TITLE | Supreme Court Decision 2016Da233538, 233545 Decided November 28, 2019【Confirmation of Nonexistence of Obligation and Damages (Etc.)】 [full Text] |
|---|---|
| Summary | |
|
[1] Standard of determining illegality in a case where a third person is damaged by harmful emissions resulting from facilities that are legitimately operated or provided for the public [2] Meaning of “any defect in the construction or maintenance of a structure” stipulated in Article 758(1) of the Civil Act and standard of determining whether the damage caused by the use of the structure exceeds “the limit to what a third person can tolerate” [3] The distribution of burden of proof on causality in pollution lawsuits [4] In the case where Party A, who is an operator of an orchard near a highway, claimed damages against the Korea Expressway Corporation, arguing that the damage including that the trees in the orchard withered to death was caused by the exhaust fumes discharged from vehicles running on the highway and the deicing chemicals used by the Korea Expressway Corporation as the growth and fruit of the fruit trees planted in the first and second rows adjoining the highway among fruit trees planted in the orchard became considerably sluggish and stagnate compared with those planted in other locations, the case holding that the liability for damages of the Korea Expressway Corporation was acknowledged by deeming the illegality to be admitted on the grounds that this went beyond the endurable limits as well as that the damage, such as defoliating the fruit trees, impeding the growth and fruition of the trees and decreasing commodity sales, was caused as a result of the fact that the gases emitted from the highway installed and supervised, and the elements such as chloride included in deicing chemicals sprayed, by the Korea Expressway Corporation affected Party A’s orchard |
|
