해양환경관리법(안)의 개선을 위한 입법론적 제안 - 해양오염의 방지와 규제방안을 중심으로 -

Abstract

Legislative proposals for prevention of marine pollution are needed. marine environment green-ship and quotation system for a fine example marine facilities must be newly established.Legal basis for national-scale basic plan to prevent pollution accident must be established. The Republic of Korea established “legal foundation for national-scale basic plan to prevent pollution accident” in 1999 according to OPRC agreement and must include the concerning articles, namely, articles against HNS spill accident, and legal foundation for cooperational prevention system between a government and non-government officials in the national act. Marine pollution accident is likely to influence neighboring countries because of strong tidal currents. It is very hard for states to get ready for the large pollution accident in advance and needs massive accounts to combat the pollution.Penalty and fine levy system must be reformed as legislative proposals for effective regulation to prevent marine pollution. For example, intentional and habitual discharges and slight pollution must be discriminated each other in fines. And also it needs to maintain balance of penalty between the Fishing Port Act and the Marine Pollution Prevention Act for discharging wastes into the ocean. extension of regulation for pollution source from lands is needed. Further it should be considered in terms of the types of pollution, jurisdiction, marine facilities, etc. and, the introduction of Civil Money Penalty complemented forced environmental criminal program of USA is needed for executing marine pollution penalty efficiently.