제주특별자치도에서의 환경정의의 모색

Abstract

Since Juju Island has a special geographic nature in Korea, it should be preserved from environmental destroying and overbalanced development. Also, in order to foster the economic growth and convenient life of islander, it is becoming more and more important to develop the island. In this context, an environmental agency should decide the most appropriate point for balancing between environmental preservation and economic development. In 2006, Jeju Special Act designed to turn Jeju Island into a special province with greater autonomy and promote it to the free international region, was enacted. The act empowered a provincial governor to control the environmental administration, too. Nowadays, The General Environmental Ordinance is effective in Jeju Island. It sets the stronger environmental standards than that of The National Environmental Policy Act. However there have been many environmental disputes in Jeju Island. Also they are caused partly by the concerns about health risk. This paper describes environmental justice theory and practices in U.S.A. and evaluates environmental norms in Jeju Island based on that experiences. The most traditional environmental regulation has been premised on largely utilitarian principles of achieving the greatest good for the greatest number in society. Also, ennvironmental law has not been overtly concerned with whether the distribution of environmental harms is fair, whether there is an equitable match between individuals who bear the costs and those who reap the benefits, or whether it is unjust to impose incremental risks on populations already bearing disproportionate environmental and health risks. In contrast to traditional environmental regulation, environmental justice demands the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. However, most of the environmental norms in Jeju Island have ignored distributional issues which are based on environmental justice. As these issues become more central to environmental decision making, they hold the promise of making environmental law more democratic and effective.