[일반논문] 獨逸環境法上 團體訴訟의 최근 動向

The Recent Trends in the German Environmental Law's Organizational Lawsuits

Recently, due to the mass productions of products and mass consumers, various new types of conflicts occur frequently like in the service provision of faulty products, environmental pollution damages and conflict between consumers. However, in our traditional civil trial or legal principles where emphasis is put on the protection of individual rights, these kind of damages is difficult to give aid. The aid of individuals through a lawsuit is not only not affordable in terms of effort, time and cost but impossible to go directly against injurers like big corporations or governments. Therefore, there is a need to have a system which aids the overall these kind of damages suffered by various people. The representative system of this kind is Class Action in U.S.A. and Verbandsklage in Germany. This thesis has the objective of giving some helpful suggestions to the Korean system by looking into the recent trends in the organizational lawsuits in the German environmental laws theoretically and legislatively. Generally speaking, the organizational lawsuits in Germany is differentiated between egoistiche Verbandsklage and altruistische Verbandsklage. The former does not seem to merit any interest. However, the latter is legislated as law in many states. In the federal law level, the altruistische Verbandsklage had not been implemented in the environmental law area but there were continuous efforts made to implement this. It finally came to be stipulated as part of the organizational lawsuit within the first draft of the environmental law code in 1988. This thesis looks into the experience as well as theories of law which had been carried out for several decades regarding organizational lawsuits within the environmental law area. It especially focuses on the part of the organizational lawsuit in the 1988 first draft of the German environmental law code. The many opinions voiced in Germany offers some solutions regarding these organizational lawsuits' theories and legislations. The issue in the future would be how to embrace and carry out these German opinions and Systems in Korea.