憲法上 環境權 保障의 問題

Abstract

Some Legal Problems on the Environmental RightJae-Myung, LeeIn Korea, the environmental right is not mere a goal of the state but one of the constitutional civil rights. Nevertheless, the environmental right is not realized in judicial procedure because of it's legal character. The environmental right is considered as one of the constitutional programmes.There is constant, inhernt correlation between man and the environment. But now, the environmental crisis is one of the scales which has never seen before. Therefore, we need more flexible interpretation of the environmental right clause of the constitution. Therefore, my articles concludes as follows;(1) It is necessary to recognize for diverse aspects of the concept of the environment and the environmental right.(2) Not only natural person but also judicial person should have the environmental right.(3) In some cases, the environmental right clause is not merely a constitutional programme. It can be a judicially insufficient right depending upon the circumstances.(4) Discretion of legislation enacting to concrete the environmental right is not free.(5) The environmental right which express constitutional value must be considered to in civil procedure.(6) Administrative remedy should be enlarged to administrative act which do not anything protect the environmental right.(7) There is a need for injunction to protect the environmental right.(8) It is necessary to balance the environmental right preferred position to the property.(9) Standing for the environmental right is needed to be relax. For example, NGO should allowed plaintiff's status as it is.When we realize the environmental right in judicial procedure, our constitution could be normative to protect the environment.