하수도법에 따른 주방용오물분쇄기의 사용제한제도에 관한 연구

Abstract

The current 「Sewerage Act」 says, “By establishing standards for the installation and management of sewerage, we properly treat sewage and manure, prevent flood damage caused by flooding of sewage, contribute to the healthy development of the community and improve public sanitation. The purpose is to preserve the water quality of the water body”. In other words, the “Sewerage Act” ultimately aims to protect water quality in public waters, but for this purpose, directly “establishment and operation of standards for the installation and management of sewerage, proper treatment of sewage and manure, flood damage by sewage flooding” For the purpose of "prevention", provisions are made for it. For proper treatment of sewage, the 「Sewerage Act」 restricts the use of kitchen waste grinders as one of the installation and management methods for sewage facilities. When the food waste generated in the kitchen can be treated like sewage, a person who uses the kitchen can obtain considerable convenience. However, through the use of kitchen waste grinders, food waste that is wasted in the sewer line may impair the proper function of the sewer line, and the inhibition of the function of the sewer line may cause pollution of the public waters. Restrictions on the use of kitchen waste grinders should be made, imported, or sold for research or testing purposes in consideration of situations where the public interests such as normalization of sewer function and prevention of water quality deterioration and proper treatment of sewage, and legal interests of sellers and users When certain industrial products, including kitchen waste grinders, have been approved by the Minister of Environment, they are not subject to exceptions. The purpose of this study is to analyze legal issues related to the purpose of deriving a reasonable improvement plan for the prohibition of the sale and use of kitchen waste grinders with certain industrial products under Article 33 of the Sewerage Act. From the point of view of the purpose and function of the Sewerage Act, a legal review of the sale and use of kitchen waste grinders was made, and the exceptions to the regulations for the sale and use of kitchen waste grinders were analyzed to solve the following problems. And a reasonable alternative to this. First of all, the restrictions on the use of kitchen waste grinders are limited to all citizens, and the prohibition of specific acts for all citizens, that is, prohibition of the sale and use of kitchen waste grinders, shall be prescribed by law. Therefore, in Article 33 (1) of the current 「Sewerage Act」, general regulations prohibiting the sale and use of kitchen waste grinders are specified, and in exceptional cases, “in the case of use for research and testing”, the certified product is placed in the “Public Sewage Treatment Area”. For use at home” or “when used in a general household where a private sewage treatment facility (sewage treatment facility only) is installed outside the sewage treatment area, it is appropriate to use it. In addition, in the case of kitchen waste grinders that are not certified in accordance with the Ministry of Environment's announcement ``Sales and Prohibition of Kitchen Sewers'', which sets restrictions on the use of kitchen smashers, it is prohibited to sell and use them. Corresponds to disposal. According to the principle of legal retention in accordance with the principle of the national rule of law, the certification restricting the freedom of employment and happiness of the seller or user of the kitchen grinder by prohibiting the sale and use of the kitchen grinder should be based on the law enacted by the National Assembly in accordance with formal procedures. do. Nevertheless, it is not a formal meaning of the law, but the certification system of the kitchen grinder that can be sold and used is notified by the Ministry of Environment. Furthermore, in the notification, the safety certification under the Electrical Appliances and Household Goods Safety Management Act is required to sell or use the kitchen grinder, but the safety certification under the Electrical Appliances and Household Goods Safety Management Act is the holder of the product. Because it is a law aimed at protecting the safety of the company, the manufacturer or importer of a kitchen waste grinder must obtain safety certification even if it is not specifically prescribed in the Ministry of Environment's notice, ``Selling and using the kitchen waste grinder''. Therefore, it is necessary to delete the relevant contents in "Prohibition of Sales and Use of Kitchen Sludge Crusher".