환경책임성 강화를 위한 환경분쟁조정제도의 법제개선 방안

Abstract

Arbitral system of environmental dispute has the merits such as inexpensive cost, utilization of specialists, theory to detect authority, enabling of ex-officio investigation at public cost, information submission to related administration agency, provision of technical knowledge and consignment of necessary investigation. However, arbitral system of environmental dispute also needs complementation as following in order to strengthen the responsibility on environment. The study results and improvement suggestions are given as following to strengthen the quasi-judicial function of environmental dispute arbitral system in Korea. ① Secure the authority of environmental dispute arbitral system by expanding the scope of work under the jurisdiction of Environmental Dispute Resolution Commission, ② introduce conciliation-prepositive principle (author’s note: one should request the mediation of Environmental Dispute Resolution Commission before filing a lawsuit), ③ it is necessary to postulate the Fair Trade Commission model under the premise that the character of Environmental Dispute Resolution Commission as a collegiate administrative agency needs reinforcement, ④ introduce “appraisal consignment system”, in which court entrusts Medical Dispute Arbitration Council on whether there has been a medical accident or not, ⑤ introduce “cause arbitrament” (author’s note: a kind of mediation determining whether there is causal relationship between pollution and damage) in the pollution dispute resolution system in Japan, in which court entrusts a cause arbitrament to Pollution Dispute Resolution Commission in a civil suit on pollution related damage, ⑥ a case in Japan, in which the Pollution Dispute Resolution Commission took the case which was submitted to Pollution Dispute Resolution Commission as an arbitrament case and handled the case as a mediation case by its authority, ⑦ utilization of intercession to Pollution Dispute Resolution Commission for the implementation of court ruling in Japan, ⑧ the procedure on posteriori watch after mediation to effectuate the mediation or arbitrament enforced by Japan Pollution Dispute Resolution Commission.