環境分爭調整制度의 현황과 문제점

Abstract

Since 1962, industrialization has raised many environmental pollution cases in Korea. Because we have an environmental age that protects us from the damage of environmental pollution and gradually adjusts a number of interests to profit the whole society, it is important that we have an ‘environmental dispute mediation’ system to the benefit of various interest groups. Coming into the 1970’s, the increase of environmental pollutions made the government realize the need to cope with this situation more actively. Because the victims of the environmental pollution find it difficult to get civil remedy such as the determination of the illegality of the pollution, and causality between environmental pollution and subsequent damages. The ‘Environmental Preservation Act’ in 1977 established the ‘Environmental Dispute Mediation Committee(EDMC)’. However, EDMC were insufficient for the resolution of environmental disputes. Therefore, the ‘Environmental Pollution Damage Dispute Mediation Act’ was enacted in 1990, and the Central Environmental Dispute Mediation Committee(CEDMC) became a standing organization. The rate of adjusted disputes by the CEDMC was over 72% in 1993. 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. This article deals with the efficient operation of environment dispute mediation in Korea, Chapter 2 reviews environment dispute resolution system in other countries. Chapter 3 analyses the status quo of the environment dispute resolution system in Korea. Finally, chapter 4 proposes the solution for the problems in the environment dispute resolution system.