하구(역)환경의 복원 및 지속가능한 관리를 위한 법정책적 과제 - 미국의 하구복원․관리 법․정책 사례에 관한 비교법적 분석을 중심으로 -

Abstract

An estuary, generally defined as “a semi-enclosed coastal body of water, which has a free connection with the open sea, and within sea water is measurably diluted with freshwater derived from land drainage”, is a dynamic ecosystem with a connection to the open sea through which the sea water enters with the rhythm of the tides. Consequently, estuaries, forming a transition zone between river environments and maritime environments, have recently attracted public attention due to the high value of conservation in various aspects of nature, society, economy, culture, etc. However, in spite of the diverse benefits and value of the estuarine environment and ecology, most of the major estuaries in Korea have been considerably destroyed or damaged owing to high pressure of development along with indiscriminate use and development during the last period of economic growth. Accordingly, in Korea, recent attempts and efforts have been made in legal and institutional as well as scientific and technological sectors in order to protect and manage estuaries as nature-friendly habitats by restoring already damaged estuaries and preserving estuaries in natural conditions, departing from existing conventional national land policy focused on development and use of estuaries. However, in spite of the attempts and efforts to restore and protect them, many estuaries in Korea, still under high pressure to be used and developed, have been developed or reclaimed for diverse purposes and in various forms, causing the difficulties of systematic restoration and sustainable management of estuaries. The main reason for the problem is not only the lack of a knowledge basis, technologies, experiences and data indispensable to systematic restoration and management of estuaries but also the inadequacy of a comprehensive and systematic legal or institutional basis particularly targeting estuaries constituting independent environmental space. In this context, it is important to note that several advanced foreign countries such as the US, UK, Canada, Australia, Netherlands, etc. have not only actively accumulated scientific and technological experiences but also variously developed and implemented national policy programs and legal or institutional basis for the restoration and management of estuaries. According to the cases of the several foreign countries, the need for an appropriate legal or institutional basis that aims for systematic and effective restoration as well as sustainable management of estuaries has also been emphasized in Korea. Based on this perception, the main purpose of this article is to provide a foundation for a discussion concerning the establishment of a legal or institutional basis for the systematic and effective restoration and sustainable management of the estuarine environment in Korea. In order to achieve this goal, this article begins by reviewing the current situation of the Korean estuaries and the need for systematic and effective restoration and management of the estuarine environment in Korea (Chapter Ⅱ), then introduces and analyzes the legal or institutional cases of the US, regarded as well-equipped with the legal or institutional and policy basis for the restoration and management of estuaries (Chapter Ⅲ), and conclusively summarizes and suggests principal implications and tasks for the establishment of a legal or institutional basis for restoration and management of Korean estuarine environment and ecology (Chapter Ⅳ).