환경행정법의 최근 동향과 쟁점 및 과제

Abstract

This paper examines the legislative trends and flow of individual environmental laws and regulations since 2010 in relation to the recent trends in environmental administrative law. Advanced environmental legislation aimed toward a comprehensive and proactive response has been emerging in earnest in environmental legislation since 2010 such as active response to environmental health problems, expansion of legal remedies for environmental damage, acceptance of precautionary principle, introduction of integrated environmental management, change to resource-circulating society, response to biodiversity issues and more. Next, we examine the issues and tasks raised in the field of individual environmental administrative law. In relation to 「the Framework Act on Environmental Policy」, the legal characteristics of the Act, its relationship with other laws, the acceptance of sustainable development as a constitutional value, and the acceptance of precautionary principle are examined. In relation to the environmental impact assessment, the extended application of strategic environmental impact assessment, ensuring the effectiveness of the public opinion collection method, preparation of a faithful environmental impact assessment report, the content defect of environmental impact assessment and the effectiveness of approval disposition are reviewed. In relation to the atmospheric and water environment, we look at the parts related to fine dust control and integrated water management(enactment of legislation related to unified water management). In the resource-circulating society and waste management, the systematic task of waste related legislation, the relationship between waste and circular resources, and the scope of the end of waste are examined. Regarding ecosystem service and restoration of the natural environment, we examine the legal acceptance of the ecosystem service concept, the total volume of natural resources. In the environment and animals section, we look at recent trends in the related legislation. In relation to some issues related to 「the Act on Liability for Environmental Damage and Relief Thereof」, a limitation problem of the facility liability, the relationship between Article 6 of the same Act and Article 44 of 「the Framework Act on Environmental Policy」(related regulations of No-Fault Liability), the legal liability for damage to the natural environment not related to personal infringement, and the meaning of the business owners who are obliged to enroll in environmental liability insurance are reviewed.