춘천시 물값 다툼의 문제점과 대안

다국어 초록 (Multilingual Abstract)

As for the problem of the water price, we need to review the fundamental principles such as the guarantee of the vested water right and the equitable utilization in water usage. Although exclusive water right has been granted to the State or the Korea Water Resources Corporation(KWRC) by law, no organization, even the State, can solely dominate the usage and the distribution of water resources. Because a river isn't taken care of only by the State or KWRC but also the local governments nearby rivers, which measure the quality and quantity of water. As residents nearby dam have the right to use water, the induction of 'the regional water right' is highly in demand. Since natural resources like water is the thing to use, not to own, the national patent on it should be for the right of management, not of ownership(the Constitutional Law Article 120, Clause 2).
Accordingly, through harmony between those principles above, we must try to maximize democratization of water use. So any local government can't oppose the equitable principle between the upper stream region and the lower without legitimate reasons. In fact, no water user in a upper stream can possess water exclusively. But the argument made by the KWRC which distorts Chun-chon city's water usage is absolutely absurd, misleading the essence of the problem. Conversely, KWRC's attitude of keeping unreasonable standards makes it hard to avoid the criticism that it is only pursuing the maximum interest using its monopolistic position, the supplier of water. The KWRC and the Ministry of Construction and Transportation must clarify the several doubts come out in the process of interpreting a proviso in Dam Construction Act(abbreviated name) §35①.
Meanwhile, the KWRC seems to struggle with understanding these two in water price discussion which are completely separate, the amount of water and the quality of water. KWRC's statement that it finished so called "water distribution" according to Water Budget Analysis is not really realistic. It is only their "thinking" that it distributes certain amount of water to this and that region. However, though it is said that KWRC supplies the stored water in Soyang Dam to Seoul, we can never be sure whether the water is from there solely. As a result, KWRC needs to change its view from getting the water price by unrealistic standards to checking through the quality of received and returned water. As a matter of fact, it's the question of the quality, not the quantity.
Then, we have to regard the Water Budget Analysis based on the spot of Hangang Bridge and the water usage of the region nearby a river as separate things. Unless the amount of water usage goes beyond the scope of standard minimum flow, it's doesn't matter. We should set a goal to return water after use to the river as much, and pure as possible. For these reasons it's desirable to practice “the system of water pollution cap” after the prerequisites such as the unfairness between upper and lower stream etc., are solved first.

목차 (Table of Contents)

• Ⅰ. 문제제기
• Ⅱ. 물값 다툼의 논점과 문제점
• Ⅲ. 댐건설등법 제35조 1항과 춘천시 물값
• Ⅳ. 대안 모색
• 〈abstract〉