빛공해 방지법의 제문제

Abstract

Today, it is hard to be overemphasized the need to protect environment. Traditionally, the contamination of air, water, soil, or noise, vibrations, malodor, are recognized the sources of environmental pollution. After the 1970s, Astronomers began to use the phrase “light pollution” to describe the phenomenon of wasted light being cast into the atmosphere, which ultimately hinders astronomical observations. The results of many years study and research to the impacts of light and light pollution in various contexts, the needs of regulation to artificial light is accepted by some countries and international society. Some countries, like England, Australia, Italy, enacted the law to regulate artificial light causing the light pollution. Until 2012 in Korea, there is no special law limiting light pollution except the ordinance of administrative guidelines of wayside lighting fixture or municipal ordinance of light pollution. Light Pollution Prevention Act was passed by the Korea National Assembly in February 2012, and the Act shall enter into force on February 2, 2013. This paper examined the concept of light pollution, important contents of the Act, and the interpretational problems of the Act. As a kind of environmental administrative law, the Act only take the methods to regulating the general public to achieve the purpose of the Act, which prevents the damages to the public good health and environments by limiting excessive lights from artificial lighting sources. Instead of merely regulating methods, this paper points out that financial inducements are essential to achieve the goal of the Act. To the permissible light emitting levels, the Act and its Enforcement Decree provide luminance standards of light emission sources and vertical illumination standards on the residential area. But only the two standards are not sufficient to limit sky glow, light trespass, glare, and clutter. So, this paper suggests more diverse methods regulating light pollution.