하수도 사용료에 대한 공법적 고찰

Abstract

A sewerage system means a set of sewer systems that collect, transport, process and discharge sewage. Since humans recognized the importance of hygiene, sewerage system began to be supplied, and the nationwide supply rate of sewage has reached about 94%. Sewerage is contributing to the prevention of flood damage, improvement of public hygiene and preservation of water quality in public waters through proper treatment of sewage. Today, sewerage comes under a category of public goods that is essential for the lives of local residents, and public services provided by local governments aiming to supply essential public goods. Sewerage Use Fee is the cost of maintenance and management of the facility borne by the user of public sewerage system according to the principle of beneficiary-pays principle in return for the use of public sewage system. However, in reality, the cost of maintaining the continuity of the sewer service is not sufficiently reflected in the calculation process of the sewerage fee, or the head of local governments or local councils involved in the decision are responding passively to the increase of the sewerage fee for political reasons, because the sewer service is recognized as the administrative service of local governments. Despite the sewerage fees has been collected since 1983, the charge realization rate is only about 46% nationwide, and so the finances of sewerage are still in a poor state. As the quality of life of the people is improved, the demand level for sewage service is increasing. In the past, sewage service was just for a simple removal of sewage, but it is now required to improve sewage treatment, remove odor, and manage the aged public sewage properly. In the end, in order to respond actively and preemptively to changing demands, it is necessary to optimize and realize the sewage fee. The reason why the person who uses the sewer service should pay the appropriate price is because it corresponds to the polluters pay principle and can contribute to the financing for providing sustainable sewer service and protecting water resources for future generations. In order to optimize and realize the sewage fee, it is necessary to review the determination system and the imposition and collection system of the current usage fee. In the decision system of sewage fee, it is necessary to review the calculation of the full cost as a premise to secure the procedural legitimacy of deciding use fee and to realize the low sewage fee. In the imposition and collection system of sewage fee, procedural supplementation is needed such as clarifying the target for charge, eliminating the uncertainty of the subject to exemption, and securing the effectiveness of procedure for raising an objection/appeal. Currently, the installation and management of sewerage come under Autonomous Affairs, and a large part of sewage fee is decided by the ordinance of local governments. The supplementation of procedural matters related to the sewage fee involves the revision of municipal ordinance, and eventually, the maturity of local autonomy is required, such as securing the expertise of local governments in the exercise of autonomous legislative power.