독일통일과정에서의 환경법제 통합과 시사점 = Study on Integrated environmental legislation and Implications of German Unification

다국어 초록 (Multilingual Abstract)

The North Korea`s environmental problem is a endless interesting issue because its seriousness will be burden of all after the unification despite of the truce. Analysis of currently available data viewed North Korea is facing a serious environmental problem. Unificated Korea`s sustainable development and law for environmental conservation are the most important national challenge. There are no specific cooperation examples about environment between two Koreas so far. Although there is no way to confirm the North Korea`s current environmental problems as long as they stick to the closure policy, we have to try in environmental legal perspective. One of possible attempts in environmental law is a preparation that examine how German make a integration in unification and get something from that case. In this article, in October 1990 after the historic unification of Germany, check up specific efforts for environmental law`s integration and present suggestions. Old West Germany`s administrative and environmental law system was transmigrated in a short period of time, but Old East German centralized administration needed a lot of time and efforts to adapt to decentralized new administrative system so it was not easy to overcome heterogeneity between two countries. Because of huge costs to support Old East German area, the economic crisis hit unified Germany but actually investments in expertise to do environmental conservation. It needed much time and continued investments to improve Old East Germany be a same level of West Germany. In East German ecological reconstruction manners, unification of Germany implanted East German advanced environmental legislation to East Germany and used advanced technology and capital. For 10 years after unification unified German integration of the environment concentrated on removing pre-existing contaminations. It was a temporary measurement but there was a significant environmental improvement in air, water and soil pollution. German environmental integration did not apply West German environmental standards to East German and did not implement proactive, integrated environmental policies. Both East and West German integration of the environment eliminated objective environmental gaps but did not proceed to restructure East region ecologically soundly and absorb positive effects. The unification of Germany is not a model that can be applied to other countries` unification. It`s differ from German unification in many aspects. However reviewing the process of German environmental integration, we can avoid trial and error and find a suitable alternative. This article have a importance to examine how Germany integrate environmental legislation and get some suggestions applied to Korea.

참고문헌 (Reference)

• 1 문병집, "한반도 생명공동체를 위한 남북한 환경협력체제 구축방안 연구" 2001
• 2 변병설, "통일시대에 대비한 국토환경관리 방안" 한국환경정책·평가연구원 2001
• 3 남영숙, "통일독일의 구동독지역에 대한 환경정책과 시사점" 4 (4): 2003
• 4 법제처, "독일통일관계법연구" 1991
• 5 송태수, "독일의 환경 통합에 대한 평가: 비용인가, 철학인가?" (26) : 2000
• 6 통일부, "독일의 통일·통합정책 연구" 2011
• 7 김영윤, "독일 통일에서의 통일비용 조달과 시사점" 국민대학교 법학연구소 2010
• 8 홍성방, "독일 통일과 환경보호: 독일 통일과 환경법의 통일·정비·발전을 중심으로" 8 : 1996
• 9 손기웅, "독일 통일 쟁점과 과제" 늘품플러스 2009
• 10 임홍배, "기초자료로 본 독일 통일 20년" 서울대학교 출판문화원 2011
• 11 강미화, "구동독의 환경 문제와 통일 이후의 변화" (1) : 2001
• 12 Seliger, Bernhard German, "Unification after 20 Years: Achievements and Challenges" SERI Quarterly 2011