우리나라 환경분쟁조정제도의 현황과 발전방안

Abstract

When individuals need to resolve their disputes with other individuals, they may often go not only to courts for trial but also to alternative dispute resolution ("ADR"). This article deals with the efficient operation of environment dispute mediation in Korea, In Chapter 2 Environmental Dispute Adjustment of America, Germany and Japan is roughly summarized. Chapter 3 reviews the status of environment dispute resolution system in Korea. Finally, chapter 4 proposes the improvement schemes for the problems in the environment dispute resolution system. The writer of this article emphasized the affirmative functions and roles of Environmental Dispute Adjustment, which is also called Alternative Dispute Resolution. In particular, the 'Environmental Pollution Damage Dispute Mediation Act' was enacted in 1990, and the Central Environmental Dispute Mediation Committee(CEDMC) became a standing organization. The total rate of adjusted disputes by the CEDMC was over 84% from 1991 to 2007. In 1997 the extent of environmental dispute were magnified by changing the 'Environmental Dispute Mediation Act(EDMA)'. The EDMA provides for the remedy for environmental pollution with good offices, arbitrations, and adjudications