公害의 公法的 規制 : 大氣汚染의 規制 = The control by public law for Air Pollution

다국어 초록 (Multilingual Abstract)

I. Definition of air pollution
(1) Definition
The term "Air pollution" is defined by WHO and Engineers Joint council, and defined some extent by Law on prevention of public Nuisances.
By these, "Air pollution is said phenomenon to be the condition that in some area there are many on a unit capacity as the extent that dust, fume, gas, mist, offensive smell, etc., pollution material in air inflict an injury on man's health and sanitation, and man's fortune, animals and plants, and their raising circumstances having close connection with man's life.
(2) History and cases
(a) History of air pollution
History of air pollution, naturally, sets about with discovering the fire. But After Industrial Revolution the rapid economic growth, the rapid growth of machine civilization and the rapid growth of heavy chemical industry achieved in recently years has resulted in the so called environmental pollution of air which has become a serious social problems today.
(b) The cases of air pollution
① The London Smog of December, 1952
② Air pollution in Donora, pa, 1948
③ Air pollution in Meuse Valley of Belgium, 1930
④ The others: Air pollution from Consolidated mining and Smelting Company of Canada, etc.
II. Factors of Air Pollution and its effect
(1) Factors of air pollution
?? gases
① SO₂: from fuel and harm from 10ppm
② CO : from incomplete combustion
③ CO₂: from population and factory
④ H₂S: from oil refining etc
⑤ NO₂: from combustion of fuel
⑥ Pb : from gases of vehicle exhaust
⑦ CH₄: from natural gases
⑧ Vehicle exhaust
?? Aerosol
① dust : from naturally or industrial activities
② fumes : from combustion etc
③ mist : from steam
④ smoke : from combustion or dry distillation
(2) Effect of Air pollution
(a) On harming body
① on unpleasant feeling
② on health
(b) On animals and plants
(c) Natural environment
III. Present condition and the future prospect in Korea
(1) present condition of air pollution in Korea
Korea has been suffering from steady pollution along with the steady enforcement of industry as a first principle under a decisive economic policy since 1961.
Eventhough the air pollution of Seoul has occupied the top rank in the world, the air pollution in Seoul has already reached the degree of 5 to 10 times over the W.H.O's Maximum Allowable Level, and at this juncture, the problem is too serious to be unconcerned, no comprehensive countermeasures have been made as yet due to deficit budget of the Ministry of Health and pollution continues. Therefore, it is felt absolutely necessary to contemplate a strong, yet immediate legal measures(control by public law) to prevent such air pollution.
(2) The future prospect of air pollution in Korea
when we presume the air pollution in Korea by the amount of consumption of fuel, the amount of exhaust of SO₂in 1981 will be reached 1,438,109 ton, NO₂, 1,299,600 ton, CO, 1,057,000 ton and CH₄360,100 ton.
IV. The necessity of control by public law for air pollution
(1) The limitation of judicial relief measures
It is impossible to relief every damage by judicial measures, because of generalization of air pollution, because judicial measures have to need long time, and air pollution occures continuously and rapidly, because air pollution problem is complex and technical, and it needs expert and technical knowledge to inquiry the cases and effect of air pollution, and because judicial measures is impossible to prevent air pollution beforehand.
(2) The necessity of control by administrative law for air pollution
For air pollution, it is necessary to prevent beforehand, and to prevent beforehand air pollution it is more necessary to control by administrative law than by judicial measures.
V. The measures by public law for air pollution
(1) Legislation for air pollution in foreign countries
(A) England
① Alkali etc, Works Regulation act, 1906
② Public Health act, 1875, 1936, 1961
③ Chean air act, 1863, 1956, 1968
(B) United States of America
① Air pollution control District-APCD
② The national Environmental policy act, 1969
③ Chean air act Amendments, 1970
④ Control of air pollution from Motor Vehicles control of air pollution from New Motor Vehicles and New Motor Vehicles Engines, 1966
(C) Westr Germany
① Gewerbeorhnung, 1869, 1961
② BGB. § 906, 1966
③ Luftreinhaltegesetz, 1960
④ Gesetz uber Vorsorgemassnahme zur Luftreinhaltung, 1965
(D) France
① LOI du 19 decembre 1917 relative aux etablissements dangereux, insalubre ou incommodes
② LOI n˚61-842 du 2 aout 1961 relative a la lutte contre les pollutions atmospherique et les odeures et portant modification de la loi la decembre 1917
(E) Japan
① Basic Control act, 1667, 1970
② Criminal nuisance punishment act, 1970
③ Natural park act, 1957, 1962, 1970
④ Pollution Control Expense Contribution Act, 1970
⑤ Air pollution Act, 1968, 1970
⑥ Road Traffic Act, 1960, 1970
(2) Air pollution control legislation in Korea
① Law on prevention of public nuisances. 1963, 1971
?? Objectives
?? Exhaust Allowable Standard
?? Permission and Report of Exhaust Facilities
?? Preliminary Survey
?? ex post facto order
(a) Improvement order
(b) Transfer order
(c) Injunction order
?? Pollution control organizations
(a) State and local autonomous organs
(b) Pollution Control Deliveration Council
(c) Environmental Hygienic Inspector
(d) Pollution controller
?? Punishment of pollution
?? Pollution disputes
② Other control under the particular laws
③ It needs to enact the particular law as clean air act
VI. Future problems on air pollution control
(1) The problem of all national Development plan
(2) Bureaucratism and Production-prioritism
(3) The problems of city plan
(4) expersive problem

목차 (Table of Contents)

• I. 大氣汚染의 意義
• 1. 定義
• 2. 歷史 및 實例
• II. 大氣汚染의 原因 및 影響
• 1. 大氣汚染의 原因
• 2. 大氣汚染의 影響
• III. 韓國의 大氣汚染의 現況 및 展望
• 1. 韓國의 大氣汚染의 現況
• 2. 韓國의 大氣汚染의 展望
• IV. 大氣汚染에 對한 公法的 規制의 必要性
• 1. 司法的 救濟의 限界性
• 2. 行政法에 依한 公害規制의 必要性
• V. 大氣汚染에 對한 公法的 規制의 現況
• 1. 外國의 法制
• 2. 우리나라의 法制(公法的 規制)
• VI. 大氣汚染에 對한 公法的 規制의 問題点
• 1. 全國的 開發計劃의 問題
• 2. 官僚主義와 生産優先主義
• 3. 都市計劃의 問題
• 4. 費用負擔의 問題