‘대수층 인공함양 지하저수지’ 개발 법제 수립을 위한 연구 - 일본의 「대심도지하사용법」을 중심으로 -

Abstract

In Korea where available land is absolutely deficient, the three-dimensional use of land is desperately necessary. The underground space called aquifer also belongs to personal ownership according to the current legislation, so in order to promote public business like the developmentㆍuse of ground-water reservoir, it requires a smooth acquisition system of the right of use. For this, in this research we reviewed the theory of legislation to establish ground-water reservoir development legislation based on Japanese legislation. The main content of the theory of legislation is as follows. First, as there is no Act to regulate ground-water reservoir in current Act, we have to enact a special law to regulate only ground-water reservoir developmentㆍuse. Second, a person who intends to developㆍuse ground-water reservoir should the permission from a competent administrative agency. Third, we should prepare any legislation to exclude underground space of aquifer fundamentally from the scope of personal property right. Fourth, a person who received the permission of development business of ground-water reservoir has to be allowed to request the surrender of business zone to the person who occupies the articles in business zone for a smooth proceeding of relevant business. Fifth, it is necessary to restrict indemnification as Japanese case to prevent the fall of efficiency of the business owing to the difficulty of land acquisition by high land price and a long-term dispute over land compensation cost in the business process of ground-water reservoir development･use. Finally, it is necessary to include environmental impact assessment in the object business to prevent environmental damage such as the fall of ground-water level, ground sinking etc. occurring in the implementation process of ground-water reservoir development･use business. However, such a theory of legislation may just raise more problems instead of settling related problems. In order to use the water pumped from round-water reservoir into drinking water we should secure the compatibility with the law related to drinking water, and research related prejudication in overall review of Japanese legislation, related theory in more detail. In addition, if Integration Act to manage water resources generally is enacted, we need another approach in the counteract dimension. And as for the problem of unconstitutionality which may occur by having indemnification restriction regulations, we have to review it more precisely through the study of related prejudication etc. Finally regarding disapproval of indemnification, the right restriction ground as to land owner ‘not to use aquifer’, we should clarify more what is the standard therein.