Ar cle 1234 Where a tor easor causes damage to the ecological environment in viola on of the State
regula ons and restora on is possible, the State authorized agencies or the organiza ons authorized by law
have the right to request the tor easor to bear the responsibility for restora on within a reasonable period
of me. Where the tor easor fails to restore it within the me limit, the State authorized agencies or the
organiza ons authorized by law may ini ate the restora on on its own or entrust it with others, provided
that any expenses thus incurred shall be borne by the tor easor.
Ar cle 1235 Where ecological damage is caused in viola on of the State regula ons, the State authorized
agencies or the organiza ons authorized by law have the right to request the tor easor to compensate the
following losses and expenses:
(1) losses caused by loss of service func on from the me the ecological environment is damaged to the
me the restora on is completed;
(2) losses caused by permanent damage to the func on of the ecological environment;
(3) expenses for inves ga on, appraisal, and assessment of the damage to the ecological environment;
(4) expenses for cleaning-up the pollu on and restoring the ecological environment; and
(5) other reasonable expenses incurred to prevent the occurrence or aggrava on of the damage.
Chapter VIII Liability for Ultra-hazardous Ac vi es
Ar cle 1236 A person who engages in ultra-hazardous opera ons and thus causes damage to another person
shall bear tort liability.
Ar cle 1237 Where a nuclear accident occurs at a civil nuclear facility or when nuclear materials are
transported into or out of a civil nuclear facility and damage is thus caused to another person, the operator
of the facility shall bear tort liability. However, the operator shall not assume such liability if it can be proven
that the damage is caused by a war, an armed con ict, a riot, or under other like circumstances, or the
damage is inten onally caused by the vic m.
Ar cle 1238 Where a civil aircra causes damage to another person, the operator of the aircra shall bear
tort liability, provided that the operator shall not assume any liability if it can be proven that the damage is
inten onally caused by the vic m.
Ar cle 1239 Where the possession or use of ammable, explosive, highly toxic, highly radioac ve, strongly
corrosive, highly pathogenic, or other ultrahazardous things causes damage to another person, the possessor
or user thereof shall bear tort liability, provided that such a possessor or user shall not assume any liability if
it can be proven that the damage was inten onally caused by the vic m or caused by force majeure. Where
the infringed person is grossly negligent for the occurrence of the damage, the liability of the possessor or
user may be mi gated.
Ar cle 1240 Where damage is caused to another person by a person engaging in work at a height, high
voltage, or underground excava on ac vi es, or by using high-speed rail transport vehicles, the operator
shall bear tort liability, provided that the operator shall not assume any liability if it can be proven that the
damage was inten onally caused by the vic m or caused by force majeure. Where the infringed person is
grossly negligent for the occurrence of the damage, the liability of the operator may be mi gated.
Ar cle 1241 Where damage is caused to another person by an ultra-hazardous thing that is lost or
abandoned, the owner shall bear tort liability. Where the owner has delivered the ultra-hazardous thing to
another person for management, the manager shall bear tort liability, provided that the owner shall assume
joint and several liability with the manager where he is at fault.
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person, the infringed person may claim compensa on against either the tor easor or the third person. A er
making compensa on, the tor easor has the right to indemni ca on against the third person.
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