청계천복원사업에 대한 환경법적 소고

Abstract

This article explores the Cheonggye-cheon restoration project with environmental law view-point. The cheonggye-cheon is un urban stream flowing from west to east converging the center of Seoul. The cheonggye-cheon had been covered and paved with concrete in 1960's. The restoration project of Cheonggye-cheon is not just a part of Seoul’s urban planning but a symbolic project to revive an important part of Korea’s historical and natural heritage with the environmental view point. When the project is successfully completed, the capital will turn into a city friendly to both the environment and people. The project is also expected to set a new paradigm for urban management in the new century and contribute to renewing the image of Seoul. However, some problems have been raised in the project. First of all, the project disregards of procedural law and regulations such as Korean river Acts and Environmental Impact Assessment systems. Public participation principle, which is one of main principle of environmental law, was not respected in the project. Moreover, the water supply program of the project is against environmentally sound and sustainable development. According to the project, water running the stream is not from the upper stream but from the down stream. Although it has advantages in flood control and water quality, it is just artificial stream rather than natural stream which Seoul promised. Even though the project is environmentally sound, the project should be implemented according to the due process of law and environmental law principles in order to get real paradigm shift to ecologically sustainable development.