자연재해에 의한 2차 환경피해의 국내법적 대응

Abstract

【Abstract】 Regulation of the Environmental Side Effects of Natural Disasters in Korean Legal System Kim, Hyung Seob The purpose of Post-Management system is to reduce effects of secondary environmental damage resulted from natural disasters, such as Earthquake and Tsunami, and to establish immediate and relevant management system for restoring material and natural damage. Another purpose of this system is to establish the scientific monitoring system for prevention of secondary environmental damage. Because effects of natural disaster cannot be limited to one jurisdiction, international society, including victimized state by natural disaster, should pay due attention to effective cooperation concerning management of natural disaster. Also, cooperation among states, such as sharing crisis- management technology and new technology for reducing effects of natural disaster, should be taken seriously for reducing effects of secondary environmental degradation by natural disaster. Natural disaster should not be understood as natural phenomenon. Natural disaster should be understood as security concerns which bring about massive loss of life and property damage. For the purpose of this shift in disaster management paradigm, shared interests of inter-social and inter-state should be sought. Also, due attention should be paid to the possibility of man-made natural disaster, which could be resulted from the destruction of eco-system and massive environmental degradation. The counter-natural disaster project should be taken in terms of strengthening the capacity of state to establish disaster prevention measures for the purpose of preventing natural disaster and deterring proliferation of damage due to the disaster. Legal disputes of right to enjoy comfortable environment has been recently increasing. Nevertheless, legal protection of prospect right on the current law is lacking and as there is no protective regulation of prospect right unlike right of light prescribed on construction law and basic law of environmental policies, it has been argued that whether prospect right is reflective interest or it is the right having legal protection as the independent right.