環境人權으로서의 環境行政節次 參與權- 오르후스協約 제2기둥의 內容과 示唆點 -

This paper addresses the public participation in environmental decision-making as environmental human rights, devoting most the discussion to the Aarhus Convention, which was concluded in 1998 by the United Nations Economic Commission for Europe. Public participation in decision-making is the second pillar of the Convention, which is found in articles 6, 7 and 8 of the Convention. Article 6 concerns public participation in decision-making by public authorites on whether to permit or license specific activities. Article 7 covers public participation with respect to plans, programmes and policies. Articel 8 sets out the public participation during the preparation of executive regulations and/or generally applicable legally binding normative instruments. The following categories of public participation are especially in this paper pointed out;-The public must be informed, early in the environmental decision-making procedure- The procedural time-frames must allow for genuine public participation. - The final decision to authorise the activity must take due account of the outcome of the public participation. - The public must take part in the procedures concerning plans, programmes and policies relating to the Environment. - Public participation must be ensured also in the preparation of environmental policies as well as standards and legislation that may have a significant effect on the environment. Finally, the paper compare current Korean Administratve Procedure Act with emerging international trends such as the Arhus Convention.