한국 환경법의 발전과 바람직한 개정방향

As R. Breuer pointed out, a problem of protecting environment is a fateful task of modern states. Environmental law plays an important role in solving this problem. In this article, based on major environment-related legislations including Pollution Prevention Act of 1963, Environment Preservation Act of 1977, Environmental Policy Basic Act of 1990, and so on, we will first examine and characterize the development process of Korean environmental law and then the problems of current multiple environmental law system. Into the bargain, we will see necessity of an integrated environmental law, French integrated environmental law, German integrated environmental draft bill and a framework of Korean integrated environmental law as a desirable amendment direction of Korean Environmental Law toward an integrated environmental law. It is very difficult for general people, businessmen and even public officials to know Korean environmental law in that it is related to science and technology as a characteristics of environmental law and it takes a form of over-delegation. In addition, it takes a form of separated law system composing of pollution medium, it overlaps in contents with other environmental regulations, it is contradictory to other environmental regulations, it takes a regulator-oriented form and it depends on excessive direct regulation. Accordingly, it is inefficient and unrealistic. Therefore, it is necessary to introduce an integrated environmental law which can protect environment much more efficiently in that it can bring about unification and harmony of environmental law, simplification of integrated permit process, transparency and deregulation, clarity and continuity of environmental law, strength of environmental protection, facilitation of legislation duty adequate to european law, strength of innovation process. France is coming into effect French integrated environmental law because it knows that the merit of an integrated environmental law prevails over its demerit. Germany is just around the corner in legislating an integrated environmental law through, coming to end 30 year- lasting controversy. Considering these integrated environmental laws, it is imperative that we should prepare for an integrated environmental law step by step in order to achieve sustainable development from now on. Accordingly, to this end, focusing on current environmental laws over which the ministry of environment exercises jurisdiction, constant concern and assiduous effort for an integrated environmental law will be needed more urgently.