대체적 분쟁해결제도(ADR)로서의 환경분쟁조정과 환경소송

Abstract

This article was modified and the original article was lectured and discussed on the Conference(2008.9.27.) held by Korea Environmental Law Association. This article focus on the main issue of the relation between Environmental Dispute Resolution and Environmental Litigation. Basically the Environmental Dispute Resolution is the one of the ADR(Alternative Dispute Resolution). ADR(Alternative Dispute Resolution) has the merits of informalization, delegalization and deprofessionalization comparing with the litigation at the court. In the aspect of environmental dispute, National Environmental Dispute Resolution Commission deals with disputes and potential conflicts under the Environmental Dispute Resolution Law, which is one of models of ADR. Recently the Environmental Dispute Resolution Law gives the decision of National Environmental Dispute Resolution Commission the power of enforcement. This change would increase the possibility of litigation of decision of National Environmental Dispute Resolution Commission. Environmental Dispute Resolution and Environmental Litigation has different goals and procedure. Nevertheless Environmental Dispute Resolution has to be offered under the rule of law. Also the public legal assistance or legal aid has to be prepared to protect the party who suffered personal injury and property damages, specially in the case of the Environmental Dispute Resolution case is handed over the court.