환경분쟁조정제도에 관한 소고

Today, the environmental matter has been intensifying with advancement of industry etc. By this effect, right of environment are infringing, for example, air pollution, water pollution and soundㆍvibration etc. These environmental matter does not for only a damage relief in the object, and It is understands with broad sense, namely, which includes use, management, preservation. The method of the environmental dispute is various branch. For example, the compensation for damages, the stop requisition, the judicial as civilly relief and the administrative judgment, the administrative lawsuit, the state tort liability etc, general administrative relief. But, environmental dispute is difficult for solves because the cause and contents are complex. and the victim does not receive suitable compensation. Also, if it will be gone to the court, there is problem namely, the problem of the time and expense, burden of proof of problem and causality etc. The Environmental Dispute Mediation System is institution could be solved the weakness of lawsuit. Namely, the administrative organ seeks their understanding, give and take, so arrange of the dispute, and required time, the administrative organ persuade the interested party and can be quick decision. Nevertheless, the Environmental Dispute Mediation System has some problems. These are ① Independence feebleness of the Environmental Dispute Mediation System, ② Limit of damage compensation accountability, ③ Arbitration decision problem etc, ④ Local environment agreement institutional introduction etc. In this paper, I tried to the solution to the problem, also introduced the Environmental Dispute Mediation System of Japan.