The Impacts and Implications of CERCLA on the Soil Environmental Conservation Act of the Republic of Korea

Bibliographic Data

ID4609969
AuthorsYonghee Yoon (0000-0002-2835-3516, Yulchon Foundation, corresponding author)
Year2017
Volume6
Issue1
Pages11-29
Publication date2017-03-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueTransnational Environmental Law (JOURNAL)
Journal identifiersISSN: 2047-1025 • E-ISSN: 2047-1033
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/s2047102515000266
OpenAlexW2589011208
LanguageEN
Citations received4
References cited3

This article explores the development and enforcement of the Republic of Korea's Soil Environmental Conservation Act (SECA). It argues that, although Korea has adopted the statutory model of the United States (US) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and US case law, it has formulated SECA to devise a Korean model of an effective and reasonable liability scheme based on the Korean regulatory context. The original SECA, especially its retroactive liability provision, was declared unconstitutional by the Constitutional Court of Korea, because it violated 'the principle of legitimate expectations protection'. Since then, SECA has been amended to include more diverse categories of polluter and to provide more adequate defences. The development process of this Korean model can be instructive for less developed countries that urgently need to address soil pollution but are not yet equipped with the necessary environmental statutes and regulatory infrastructure and, thus, are vulnerable to environmental risks

Business · Enforcement · Environmental law · Environmental planning · Environmental protection · Geography · Liability · Political science · Statute · Statutory law · Agriculture, Soil, Plant Science · Law

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