통일대비 남북한 환경법제 통합방안

Abstract

Reunification can be achieved by integrating different legal fields. It is based on mutual understanding of the South and the North in terms of different environmental laws and environmental status. In general, there are relatively few numbers of legal codes and broad and vague contents of provisions in the North's legislation, which makes it low in quality of legislation compared to the South's legislation. Indeed, in environmental legislation, an assessment shows that awareness of environmental legislation remains one step back compared to that of the South. Therefore, in the short term, legislations of the two countries should be integrated on the basis of the South's legislation, and in the long term, it is right to achieve a third legal order by compromising situations of South and North Korea. In this study, in order to establish the gradual integration of environment legislation and the application plan, first, discussion subjects of South Korea's environmental legislation and plans for revising environmental administrative law are proposed as a plan to improve South Korea's environmental legislation prior to integration of environmental legislation of the South and the North. Second, after reviewing the case in Germany, suggestions for the integration of South Korea and North Korea's environmental legislation are proposed. Third, plans for integrating and applying legislations of the South and the North by cooperation between the South and the North are proposed. In addition, before discussing the integration of legal system, road map should be prepared in advance. In the case of North Korea's sudden change, applying our law to the case of North Korea would not have legal problem according to the Constitution Article 3. But, clear legal evidence is needed in order to apply some laws to North Korea temporarily. If the sudden change in North Korea becomes stable, we should sign a unity agreement that the South's Constitution applies in extension to North Korea by mutual agreement with North Korea. Legal integration on Germany's reunification was achieved with the "adjustment of laws and regulations" and the process of "Assimilation of law" that East and West Germany agreed in the unification treaty. After all, it had targeted to raise the single law, but, it later allowed to apply West German law and East German law in the long term. It did not exclude further possibility of creation of a single method based on the East German law. First, it is important to build trust through expanding mutual exchange between the government and private sectors. Second, it also would be desirable to seek supportive measures and integration of environmental legislation including environmental cooperation. We should define environmental laws that need to be temporarily applied to North Korea region in a unified agreement and attach specific North Korean laws to the agreement. When one has or has not entered into a unity agreement with North Korea, one is required to review「Special Acts of provisional application for the North Korean environmental laws and setting grace period of South Korean environmental laws」(tentative) that allows to apply some of the North Korean laws and regulations in North Korea and regulates grace period of applying South Korea's law.