한중 환경보호법제의 체계 비교 연구 - 대기환경법제를 중심으로

Abstract

The ever-aggravating air pollution is not an issue limited to one region or one country but threatens the ecology and the survival of humanity and all living species. The environmental problems arising from air pollution deprive the right to freely inhale fresh air and threaten mankind's most essential right to live. Korea has guaranteed 'environmental rights (環境權)’ as one of the basic rights of the people through Article 35 of the Constitution and strived to establish an environmental protection law system. There are many weak points in the Chinese environmental protection law system since it has fell behind the economic logic of prioritizing development and growth. However, recently, China is actively organizing the air pollution law system through a series of environmental legislations and the legislations are evaluated to be successful. Both Korea and China are well aware of the seriousness of air pollution which significantly influence daily life and health. However, due to the different domestic situations and standpoints between the two countries, there is a significant difference between the air pollution legislations and the governmental policy directions are somewhat different. In order for the cooperation to resolve the air pollution in Korea and China, under the premise that the awareness of the seriousness of air pollution and the necessity to resolve it is the same, the beginning should be the efforts to understand the common points and the differences in mutual legislations and policies. This study aimed to seek the mutual cooperation measures and solutions by examining the current situation of the ever-worsening air pollution and considering the comparative analysis of the legal systems related to air pollution in the environmental legislations of Korea and China and the preparations for air pollution.