미세플라스틱에 의한 한반도 해양오염 방지를 위한 남북한 법적 협력 방안 - 남북한 통합 해양오염관리법제를 중심으로 -

Abstract

The emerging marine environment issue cannot be confined to single states yet requires transnational cooperation. The fluidity and scope ambiguity of marine environment thus justify inter-Korean cooperation in marine environment protection. In particular, microplastics have been increasingly recognized as a potential pollutant that may adversely affect the marine environment. Yet until now, there are no prior studies on microplastic issues in North Korea compared to South Korea, and neither South nor North Korea has a specific and efficient marine microplastic pollution management act. Therefore, tentatively named ‘Integrated Modification of Marine Pollution Management Act’ can be suggested as inter-Korean legal cooperation to control marine environment pollution in the Korean peninsula. While past inter-Korean cooperation on the marine environment has been limited to superficial discussions and non-binding declarations, the enactment of the Integrated Modification of Marine Pollution Management Act has both high feasibility and legitimacy in that it is timely and ideologically less conflicting, and that it can be the beginning of integrated legislative system in the preparation of unification. ‘Integrated Modification of Marine Pollution Management Act’ can be prepared through a step-by-step process under the unification policy for global Korean community. In the first stage, joint research should be conducted to investigate marine pollution level of the Korean peninsula, and basic environmental infrastructure can be prepared. After that, specific level of regulation can be agreed based on the results of the joint research. By the last stage, the Management Act should aim to improve its effectiveness and compensate for the shortcomings of the two Koreas’ current marine pollution regulation, with the long-term goal of conservation of the marine ecosystem on the Korean peninsula. Specifically, the ‘Marine Environment Management Committee’ can be separately formed to systemically implement the regulation. Specific discussions can proceed through the Marine Environment Management plan, and Marine Environment Infrastructure will be established to improve the effectiveness of the Management Act. Further, the Integrated Modification of Marine Pollution Management Act includes legal grounds for future joint inter-Korean research cooperation on marine pollution and environmental cooperation through international organizations. It is expected for the Integrated Modification of Marine Pollution Management Act to function as a means to achieve a common goal of managing marine pollutants and contributing to improve the marine condition in the Korean peninsula, thereby serving as a cornerstone of eco-friendly peaceful unification that can be passed on to the next generation.