습지보전과 개발관련 법제의 조화

The conservation and perpetual exploitation and utilization of wetlands have become a problem winning far and wide international attention. We are undeniable necessity to proceed with exploitation business for balanced developments of national economy like necessity to keep the natural environment. Therefore, substantially a perfect conservation of wetlands is impossible. If so, there is the necessity of the laws which can accept demand of exploitation of wetlands as a systematic improvement plan for harmony with wetlands conservation and exploitation while minimizing loss and damage of wetlands. There is necessity to take introduction of ‘No Net Loss of Wetlands’ is duty into consideration as systems to satisfy to this. To date, ‘No Net Loss of Wetlands’ has been interpreted to mean wetlands should be conserved wherever possible, and that acres of wetlands converted to other uses must be offset through restoration and creation of other wetlands, maintaining or increasing the total wetland resource base. In other words, ‘No Net Loss of Wetlands’ by itself implies the continued loss of habitat. ‘No Net Loss of Wetlands’ can be realized by wetlands mitigation banking system. A wetlands mitigation banking system is defined as an area designated for the restoration, creation, enhancement and, in exceptional circumstances, preservation of wetlands and other aquatic resources expressly for the purpose of providing compensatory mitigation in advance of authorized impacts to similar resources. The objective of the bank is to contribute to the goal of ‘No Net Loss of Wetlands’ by maintaining and enhancing the physical, biological and chemical functions lost from authorized impacts to wetlands. In this study, I try to present the comparative analysis of recent wetland legislations and policies of Korea regarding wetlands conservation. In order to develop all-around wetlands conservation management of Korea, it is suggested that we learn advanced management models and experiences from foreign developed countries, establish a management system led by government.