Laws :Water & Soil & Ground Environment

Water Pollution Control Law_Chapter IV

Chapter IV :COMPENSATION FOR DAMAGES

Article 19
(Absolute Liability)

1. In cases where human life or health is damaged by the harmful substances in the polluted water or wastewater discharged (including underground percolation; the same hereinafter in this Chapter) from factories or other establishments as a result of industrial activities the enterpriser is liable for compensating the damage caused thereby.

2. In cases where any substance is newly designated as a harmful substance, the preceding Paragraph shall apply to the damage caused by the discharge of the substance on or from the day of its designation.


Article 20

In cases where the damage provided for in Paragraph 1 of the preceding Article is caused by more than two enterprisers discharge of harmful substances in the polluted water or wastewater and where Article 719 Paragraph 1 of Civil Law (Law No.89 of l 896) is applicable to the liability for compensation for the damage, the Court may take the circumstances into consideration in deciding the sum of compensation to be paid by the enterpriser whose contribution to the damage is deemed markedly slight.


Article 20-2
(Consideration for Compensation)

When a natural disaster or any other force majeure is concurrently attributable to the occurrence of the damage provided for in Article 19 Paragraph 1 , the Court may take such circumstances into consideration in determining the extent of liability and the sum of compensation.


Article 20-3
(Extinctive Prescription)

The right to claim the compensation provided for in Article 19, Paragraph 1 shall lapse by prescription if the right is not exercised within three years after the time when the injured party or his legal representative carne to know of the damage and the person liable for such damage. The same shall apply if twenty years have passed from the time when the damage occurred.


Article 20-4
(Application of Other Laws)

If the Mining Law (Law No. 289 of 1950) or the Coal Washing Law (Law No. 134 of 1958) is applicable to the liability for compensation for the damage provided for in Article 19 Paragraph 1, the said Law shall apply thereto.


Article 20-5
(Exemption)

The provisions in this Chapter shall not apply to causes of injury, disease or death of the employee of the enterpriser caused by work of which he is in charge.


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