사전환경성검토(事前環境性檢討)와 원고적격 -서울고등법원 2007. 12. 21. 선고 2007누292 판결-
Pre-Review of environmentality(PRE) system and Standing
박태현(강원대학교)
13권 2호, 241~269쪽
초록
Environmental Impact Assessment(EIA) and Pre-Review of environmentality(PRE) systems which are considered as a representative system elaborating of the Principle of Prevention have an equivalent values each other in terms of the institutional meanings and functions. Therefore, Judicial Decisions and Doctrine on Standing relating to EIA can be applicable to the judicial issue of whether local residents within 'Areas that is subject to PRE'(PRE-Areas) have standing in lawsuit over cancellation of a permit of a development project(cancellation lawsuit). It has already been established that local residents who live within 'Areas that is subject to EIA'(EIA-Areas) have standing even if do not proving of the fact that their legal interests in environment have been damaged or are likely to be damaged. For that reason, as explained above, local residents within 'PRE-Areas' have standing in cancellation lawsuit even if there no proof of a real damage to or the possibility of damage to their legal interests in environment.
Abstract
Environmental Impact Assessment(EIA) and Pre-Review of environmentality(PRE) systems which are considered as a representative system elaborating of the Principle of Prevention have an equivalent values each other in terms of the institutional meanings and functions. Therefore, Judicial Decisions and Doctrine on Standing relating to EIA can be applicable to the judicial issue of whether local residents within 'Areas that is subject to PRE'(PRE-Areas) have standing in lawsuit over cancellation of a permit of a development project(cancellation lawsuit). It has already been established that local residents who live within 'Areas that is subject to EIA'(EIA-Areas) have standing even if do not proving of the fact that their legal interests in environment have been damaged or are likely to be damaged. For that reason, as explained above, local residents within 'PRE-Areas' have standing in cancellation lawsuit even if there no proof of a real damage to or the possibility of damage to their legal interests in environment.
- 발행기관:
- 과학기술법연구원
- 분류:
- 기타법학