폐기물, 재활용, 순환자원에 관한 법체계

Abstract

The current legal system regarding wastes control is composed of the Wastes Control Act, the Act on the Promotion of Saving and Recycling of Resources, the Framework Act on Resources Circulations, and other numerous individual statues. It can be argued that the enactment of the Framework Act on Resources Circulations signals a paradigm shift in South Korean wastes policy, from wastes control to resources circulation. As the policy measures prescribed in the Wastes Control Act or the Act on the Promotion of Saving and Recycling of Resources focus on the ex post facto management of wastes, the writers of the Framework Act believed that they do not suffice for the purpose of a truly sustainable society. The writers say that the Framework Act on Resources Circulations has been enacted to control resources more efficiently from manufacturing, to consumption and disposal of products, and to establish a foundation of a resource-circulating society by promoting circular utilization of resources. Even three years after the Framework Act on Resources Circulations has entered into force with the aim of formulating a resource-circulating society, there has not been enough practical evidence that demonstrates fulfillment of that aim. The Framework Act on Resources Circulations is criticized for its lack of a concrete implementation plan, as its content mainly focuses on declarations, principles, and directional proposals towards a resource-circulating society. It is also criticized for its lack of connectivity to the system of other laws regarding wastes. In order to formulate a resource-circulating society, the legal system needs to be established in a way that satisfies the two-way purpose of preventing environmental and health-related danger, and of efficient usage of resources. Importantly, more attention needs to be directed towards preparing effective and enforceable rules that can fundamentally restrict waste creation and promote circular utilization of resources. This paper sheds light on the state of the current legal system regarding wastes control after the enactment of the Framework Act on Resources Circulation and considers the relationship between wastes, recycling, and circular resources. Furthermore, it assesses the concept of extended producer responsibility within the Wastes Control Act as a potentially important means to achieve the purpose of a circular economy within a resource-circulating society. Lastly, the paper will touch on the shortcomings of the current legal system and discuss potential measures of legislative improvement regarding wastes control and resources circulation.