水資源開發에 따른 被害地域 住民의 損失補償 및 利害調整에 관한 硏究

Abstract

This study aims to analyze the current status and problems in laws related with water-resources development, and intends to suggest their solutions and policy recommendation. A special act titled the 'River Act' has been established to introduce a water right permission system. However, inviolability is examined for the practical water rights. In an effort to come up with its solution, it is worth discussing a change in the legal ground of water rights from the current Civil Act to the Special Act. Taking into account the current situations, it is difficult in reality to increase water supply by constructing large-scale dams as in the past. Therefore, it is necessary for a local government to promote projects based on public opinions from the residents in a relevant area as well as coordinations with other local governments about dam construction and its damage compensation. Further, it is required to establish an 'unified water law' that can manage both surface water and subsurface water altogether, which are the independent laws at present, without including any comprehensive regulation on water-resources. It is also difficult to manage or operate water-resources only with financial resources provided by the central and local governments. Therefore, additional devices to secure funds, for example a water-resources tax and fund raising through the issuance of government bonds, should be also considered.