한일폐기물법제에 있어서의 원인자부담원칙

Abstract

Environmental Burden means ‘activities which is possible to cause trouble in environmental protection’, that leads to the issue of ‘who get charged and why they do’.When it comes to the responsibility of environment, the point is the concept of ‘polluter(verursacher)’. There exists ‘The Polluter Pays Principle’ or ‘Verursacherprinzip’ accepted internationally as an explanation on ‘who get charged and why they do’. This dissertation is aimed to examine the disposal responsibility of who are polluters(verursacher) and why they get charged’ in Korean and Japanese waste management law in the perspective of ‘The Polluter Pays Principle(or Verursacherprinzip)’ based on the consideration of illegally disposed waste, and contemplate what is a design for more effective and fairer institution. The way of thinking such as Polluter Pays Principle or Verursacherprinzip, which means that people who pollute environment have to pay the cost for protecting it, matches the idea of justice and fairness in general. According to Polluter Pays Principle in the waste management laws of both countries, the case of ‘polluters unknown’ or ‘they having no capability’ brings about some situations : landlord(the third party) responsible or government or municipalities (supervisor/final subject in disposal charge) responsible, which blocks effective operation of institution Therefore, in order to realize the minimization on environmental burden effectively without limiting Polluter Pays Principle or Verursacherprinzip, three should be required in the disposal responsibility on waste: paying attention to the producer placed in the very first stage in product distribution; figuring out the life-cycle of the product; utilizing various institutions such as Producer Pays Principle expanding some responsibility to producer.