On March 29, 2019, Yoon Jeong Lee and Hyeong Jun Hwang, members of Kim & Chang’s Environment Practice, presented on “Recent Judicial Precedents Regarding Soil Environment” and discussed “Legislation Plan for Risk-Based Contaminated Site Management” at the Conference on Legal Issues and Tasks for Conservation of Soil and Groundwater Environment. 

In her presentation on “Recent Judicial Precedents Regarding Soil Environment,” Ms. Lee explained a recent judicial trend in recognizing liability for a broad scope of damages caused by soil contamination under the Framework Act on Environmental Policy, and in landowners who polluted their own land acknowledging their liability under the Civil Act.  Ms. Lee encouraged buyers to check for soil contamination prior to – or immediately after – purchasing a piece of land, and she also recommended administrative officers to thoroughly review the soil polluter’s obligations and financial ability to remediate soil contamination when there is more than one polluter.  

Mr. Hwang, in his panel discussion on “Legislation Plan for Risk-Based Contaminated Site Management,” discussed the positive aspects of expanding risk-based contaminated site management, such as application of customized remediation plan.  Mr. Hwang also pointed out possible limitations to the expansion such as inadequate reflection of ethical, social and political values when conducting risk assessments, and equity issues arising from excessive individualization of environmental responsibility. 

This conference was co-hosted by the Korean Environmental Law Association (“KELA”), Korea Environmental Industry & Technology Institute, and Kim & Chang.  Legal and academic professionals were invited to share current legal issues and future tasks regarding prevention and management of soil and groundwater contamination.