지방자치단체의 환경관리제도

Abstract

One of the characteristics of environmental problem is ‘locality’. It is because environmental pollution or environmental deterioration takes place in the local space such as soil, water or air of a specific area. Accordingly, the role of the local government for the environmental management is as important as that of the central government. Nonetheless, the current environmental act has many regulations defined from the perspective of ‘Top-down’, and it is very insufficient in the idea of autonomous environmental management administration by the local government. Even though the regulations of environmental management in the Framework Act on Environmental Policy and Framework Act on Low Carbon Green Growth recognized the local governments and heads of local government as the equal administrative subject with the state and grant authorities and responsibilities for the environmental management, most are composed of policy and declarative regulations. Therefore, such declarative regulations must be reduced considerably. As shown in the Article 12.3 of the Framework Act on Environmental Policy, there are some cases that as local environmental standard is expanded and reinforced than that by the central government, right infringement excessive bylaws which was acknowledged in the environmental standard of the local government. However, its effectiveness is problematic as there are many provisions of “may order …” in the provisions of individual environmental acts such as Air Environmental Conservation Act, Soil Environment Conservation Act, Wastes Control Act and Noise and Vibration Control Act on air, water, soil, waste, noise and vibration. Therefore, such provisions can be effective when they are changed to “should order.”Therefore, it is necessary to make legislation to secure the local government a status of a true and authentic administrative subject in line with the locality of environmental administration when individual environmental acts were enacted and revised.