환경규제 혁신의 조직법적 과제 ― 지방자치단체와의 권한 배분과 거버넌스 구축 방안을 중심으로 ―

Abstract

Interest in the environment and regulations are on the rise due to the impact of climate change occurring around the world. The distribution of environmental regulatory authority has also been decentralized from the central government to the central government, local environmental offices, and local governments, but there are also many problems due to the transfer of authority and office work, so an organizational law review is needed to more effectively enforce quantitatively increased regulations. From the perspective of decentralization since the 1990s, the transfer of central government authority to the provinces has been actively taking place, focusing on the enforcement of environmental regulations, but there has been much criticism on whether the transfer is effectively carried out. This problem has had a significant impact on the problem of not following the principle of comprehensive distribution, one of the principles of office distribution between the state and local governments stipulated in the Local Autonomy Act, and the failure of mutual governance between the central government and local governments to set standards. To solve this problem, it is necessary not only to review the expansion of environmental regulatory authority of local governments from a decentralized perspective, but also to review whether regulations can be better implemented according to the transfer in terms of effectiveness of policies, and whether the state's supervisory capabilities and supervisory measures are in place to cope with the infringement of people's environmental rights due to the transfer in terms of relief of people's rights. To realize more effective and responsive environmental regulations in the process of becoming more complex and diverse, it is necessary to establish governance that continues to flow and improve through communication and cooperation between actors in the regulatory process, rather than the traditional one-sided regulatory method. Ultimately, efforts should be made to shape the principle of distribution of authority in environmental regulatory affairs beyond the principle of distribution under the Local Autonomy Act in consideration of environmental principles.