環境權에 관한 硏究 : 公法上의 法理와 救濟를 中心으로 = A STUDY ON THE ENVIRONMENTAL RIGHT
저자
金英勳 (國際大學 法學科)
발행기관
학술지명
권호사항
발행연도
1982
작성언어
Korean
KDC
360.000
자료형태
학술저널
수록면
143-224(82쪽)
제공처
Chapter 1 : Introduction
1) Nowadays the problem of pollution has become very serious throughout the world. The phenomena of pollution are a massive and collective trespass that resulting from a rapid change of the structure of industry and consumption, which the Civil Law could not even imagin at the start of its formation.
Therefore, the phenomena include too many incompatible factors for the traditional theories of tout on neighborhood law which are actually based on individualism and liberalism. The study on the theories of traditional private law intended to better environmental circumstances is essential so that new thoeries can be established, tackling the problem of pollution by civil procedure.
2) In this dissertation the theories of civil remedy are treated chiefly from a judicial point of view, keeping away from a political and ideological standpoint. But the social relations forming the background of pollution are handled only when they are necessary for the persuasion to the newly shaped theories of pollution.
The study puts greater emphasis on the general study of the legal theories about administrative litigation, to make clear the whole aspect of order of the environmental law. However, greater emphasis is also placed on the comparative study of the legal systems of Britain, Germany, Japan, ect. on the judicial theory of environmental right which will constitute the core of order of the environmental law, and on the theories of administrative litigation as well.
Chapter 2: Environmental Pollution and It's Effects
The phenomena of the pollution is the contradiction of human civilization that has emerged concentrically and explosively as well as the reflective result of careless and arrogant destruction or pollution of natural environment by human beings. Today pollution has been so aggravated in quality that we can no longer expect to recover the original state of nature through self-purification of the ecological circulation. Pollution has become the trespass to individual health and environment, as well as menace to the existence and culture of human beings. Now the problems of pollution are the common phenomena not only to such industrialized nations as America, Germany, Japan, Englandbut also to the whole world including developing countries.
The problems of pollution have come to be treated on a global scale from the view-point of pollution of the international rivers and oceans and influence on the prices caused by the cost of anti-pollution. The present state of pollution in Korea has begun to show its seriousness partly in the course of the rapid development of industry, and the colossal suite against pollution are carried out in our courts. It seems to be urgent to find out and establish new legal theories to solve the problems of pollution, regardless of the traditional legal theories.
Chapter 3 : The Legal Theories of Environmental Right
Environmental right means the fundamental right to live which enables one to enjoy a healthy and pleasant environment. The judicial theory of environmental right is based on the thought that environment belongs to every person. The environmental right regards the materials of environment as common property belonging to every utilizer, regardless of whether one has the right to utilize the real property or not, and it aims at effective civil remedy by the theory of real and personal right.
The environmental right has broader extent than property right or personal right though it includes them in the concept, and it gives more adequate remedy to the sufferers of pollution also offering the idea of the countermeasure to the pollution. The environmental right is stipulated directly in our Constitution.
Chapter 4 : Environmental Pollution and It's Control
The concentration of population in large cities, which occurred during the rapid economic growth process, was a truly remarkable phenomenon. Yet the excessive concentration of population and industry in urban areas has caused housing shortage, traffic coagestion, pollution, reduction of greenery, an inclination toward disaster, and other problems brought on by urban overcrowding. In the future, it will be necessary to maintain urban environments in such a way that they become safe, comfortable, and superior places for human inhabitation, as well as to consolidate those conditions which will give maximum play to the functions of appropriate central administration, culture, and the like.
To this end, it is essential that any further increases in population and industry in these areas be restricted from now on while revitalizing the economic and cultural activities in other areas and promoting balanced national development. The author concludes that in order to realize the balanced and total living environment, the establishment of a fundamental legal basis which will provide the basic environmental policy under which appropriate land-use control schemes for environmental proetection be implemented duly.
Chapter 5 : Environmental Pollution and It's Remedies
Environmental litigation, in a strict sense, differs from air, water pollution cases. The latters focus is narrow ; they are proprietary lawsuits, brought by injured persons on their own behalf and protect their own economic interests. Environmental lawsuits, on the other hand, involve the presentation of broader issues beyond the cope of property rights and personal injury. They are brought, in large measure, to realize something more then narrow, immediate, economic ends-the preservation of natural resources, scenic beauty, pure air and water.
They are distinctly proprietary, often initiated by persons whose only interest is a clean and pleasant environment. However, it is a general trend to use the terms of proprietary lawsuits and environmental lawsults without distinction between them. The expected surge of environmental litigation calls for the development of our substantive and procedural law. Much of that law was made during the prime of the old proprietary law suit, which it suited well enough ; it fits poorly, however, the frame of the new law suit, because the conventional doctrines of procedural law formed at a time when natural resources seemed inexhaustible and mathematic to be helpful guides to the solution of many contemporary problems. Much of it reflects outmoded policy. As a result, there has been a call to establish judicial procedures so that the individual right not only to proprietary right but also to a productive and high-quality environment can be assured.
Chapter 6 : Conclusion
Legal admission of the environmental right to the current legal system grants vast effects in connection with the government's attitude toward pollution control legislation and to the fields of private law and public law. As to the government's policy on the prevention and control of pollution, the government,s attitudes toward pollution control are changed to the positive and comprehensive ones ; the principle of polluter payment for pollution control costs is accepted and there can be a basis for legislation of the right to commence a citizen suit to request the prevention and control of pollution against enterprises and administrative agencies. On the other hand, the reflective interest theory in the litigations against public decision makers can be overruled.
서지정보 내보내기(Export)
닫기소장기관 정보
닫기권호소장정보
닫기오류접수
닫기오류 접수 확인
닫기음성서비스 신청
닫기음성서비스 신청 확인
닫기이용약관
닫기학술연구정보서비스 이용약관 (2017년 1월 1일 ~ 현재 적용)
학술연구정보서비스(이하 RISS)는 정보주체의 자유와 권리 보호를 위해 「개인정보 보호법」 및 관계 법령이 정한 바를 준수하여, 적법하게 개인정보를 처리하고 안전하게 관리하고 있습니다. 이에 「개인정보 보호법」 제30조에 따라 정보주체에게 개인정보 처리에 관한 절차 및 기준을 안내하고, 이와 관련한 고충을 신속하고 원활하게 처리할 수 있도록 하기 위하여 다음과 같이 개인정보 처리방침을 수립·공개합니다.
주요 개인정보 처리 표시(라벨링)
목 차
3년
또는 회원탈퇴시까지5년
(「전자상거래 등에서의 소비자보호에 관한3년
(「전자상거래 등에서의 소비자보호에 관한2년
이상(개인정보보호위원회 : 개인정보의 안전성 확보조치 기준)개인정보파일의 명칭 | 운영근거 / 처리목적 | 개인정보파일에 기록되는 개인정보의 항목 | 보유기간 | |
---|---|---|---|---|
학술연구정보서비스 이용자 가입정보 파일 | 한국교육학술정보원법 | 필수 | ID, 비밀번호, 성명, 생년월일, 신분(직업구분), 이메일, 소속분야, 웹진메일 수신동의 여부 | 3년 또는 탈퇴시 |
선택 | 소속기관명, 소속도서관명, 학과/부서명, 학번/직원번호, 휴대전화, 주소 |
구분 | 담당자 | 연락처 |
---|---|---|
KERIS 개인정보 보호책임자 | 정보보호본부 김태우 | - 이메일 : lsy@keris.or.kr - 전화번호 : 053-714-0439 - 팩스번호 : 053-714-0195 |
KERIS 개인정보 보호담당자 | 개인정보보호부 이상엽 | |
RISS 개인정보 보호책임자 | 대학학술본부 장금연 | - 이메일 : giltizen@keris.or.kr - 전화번호 : 053-714-0149 - 팩스번호 : 053-714-0194 |
RISS 개인정보 보호담당자 | 학술진흥부 길원진 |
자동로그아웃 안내
닫기인증오류 안내
닫기귀하께서는 휴면계정 전환 후 1년동안 회원정보 수집 및 이용에 대한
재동의를 하지 않으신 관계로 개인정보가 삭제되었습니다.
(참조 : RISS 이용약관 및 개인정보처리방침)
신규회원으로 가입하여 이용 부탁 드리며, 추가 문의는 고객센터로 연락 바랍니다.
- 기존 아이디 재사용 불가
휴면계정 안내
RISS는 [표준개인정보 보호지침]에 따라 2년을 주기로 개인정보 수집·이용에 관하여 (재)동의를 받고 있으며, (재)동의를 하지 않을 경우, 휴면계정으로 전환됩니다.
(※ 휴면계정은 원문이용 및 복사/대출 서비스를 이용할 수 없습니다.)
휴면계정으로 전환된 후 1년간 회원정보 수집·이용에 대한 재동의를 하지 않을 경우, RISS에서 자동탈퇴 및 개인정보가 삭제처리 됩니다.
고객센터 1599-3122
ARS번호+1번(회원가입 및 정보수정)