하천관리 일원화를 위한 법제도적 고찰 - 국가, 지방자치단체, 공공기관의 역할을 중심으로 -

Abstract

As a lot of damage occurred due to the flood in 2020, the need to unify the river management system increased. In 2018, the Framework Act on Water Management was enacted, and to a large extent, water management functions were transferred to the Ministry of Environment, but river management unification still requires improvement or paradigm shift in many areas. In terms of stream management and policy improvement, the problems of river management policy in terms of upstream and downstream of rivers, water quality management, facilities and projects, and roles of each subject are reviewed to establish maintenance directions and improve redundancy. First, it is necessary to establish a unified foundation for river management by establishing the concept of river management and clarifying the subject of management affairs. Due to the nature of water management work, where the limit of responsibility is ambiguous, it may be difficult to actively perform the work or clearly identify the whereabouts of responsibility due to unclear authority and responsibility. To this end, it is required to change the role of the main body or participants in river management, such as the state and central administrative agencies, local governments, and public institutions, and to improve the specific legal system. Next, it is necessary to promote integrated management of river basin units in order to unify river management. It is necessary to unify river management or improve the river management system as soon as possible in order to maintain and manage national and local rivers, preserve the water environment, water quality and quality. Finally, it is necessary to prevent overlapping budgets and waste of administration by improving the river management system and improving consistency between legal systems. Before the unification of the Ministry of Environment in 2022, the Ministry of Environment and the Ministry of Land, Infrastructure and Transport had already pointed out the problem of budget waste due to overlapping river management projects. Representatively, the issue of economic inefficiency continued to be raised due to overlapping investments in the Ministry of Environment's ecological river restoration project and the Ministry of Land, Infrastructure and Transport's local river maintenance project. At this point, however, river management is still advantageous in consideration of regional characteristics by different management entities between national and local rivers, but system consistency and linkage are required in terms of integrated management and disaster prevention due to climate change.