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학술논문환경법과 정책2008.12 발행

서구유럽의 배출허가체계에 관한 연구 ― 독일, 벨기에, 스웨덴을 중심으로 ―

A Study of Emission Permit System in Europe ― Focussing on Cases of GermanyㆍBelgiumㆍSweden ―

한상운(한국환경정책·평가연구원)

1권, 109~145쪽

초록

The institution of emission regulatory integration is a key factor of integrated environmental management system. Most of EU member states have a cross-media regulatory system, but Korea have a media-specific regulatory system which was indicated that have many problems. The Integrated Pollution Prevention and Control(IPPC) of EU member states and other developed countries are analyzed, and then political issues are deduced. In formal procedure and organization, EU member states have continuously increased the degree of integration. However in substantial integration, it is indicated that there were many problems. And there are no big differences among most countries when considering the total integration degree. However, such shifts in the system of laws, namely, the translation of the system of laws from foreign lands into a domestic system of laws needs to be carried out gradually in consideration of its relationship with the domestic legal system now in force. In order to meet such requirements, it is essential, first of all, to determine which is the area in which the concept of an integrated pollution prevention and control can be introduced, and, in case where such a concept is to be introduced, the extent to which such a concept is to be introduced. Seen from this perspective. the integration of regulation on discharging facilities emerges as a highly probable object since the regulation on discharging facilities in much of the related laws such as the atmospheric environment conservation act, and the water quality and aquatic ecological system conservation act is similar in their contents and form. To conclude, in order to run the discharge regulatory program on an integration basis, it seems appropriate to introduce an integrated bill that will deal with a discharge regulatory program. However, if regulatory laws are to be established successfully, and not simply to integrate legislation media by media, the relationship between the discharging facilities and the legislation should be taken into account, since such programs affect the discharging facilities regulatory program both directly and indirectly. The integration of discharge regulatory programs is not a terminal of an IPPC, but a bridgehead toward its extension. This paper suggests that we have to come to grips strategically with environmental demands and modify them into programs that suit our situation by way of an integrated discharge regulatory program.

Abstract

The institution of emission regulatory integration is a key factor of integrated environmental management system. Most of EU member states have a cross-media regulatory system, but Korea have a media-specific regulatory system which was indicated that have many problems. The Integrated Pollution Prevention and Control(IPPC) of EU member states and other developed countries are analyzed, and then political issues are deduced. In formal procedure and organization, EU member states have continuously increased the degree of integration. However in substantial integration, it is indicated that there were many problems. And there are no big differences among most countries when considering the total integration degree. However, such shifts in the system of laws, namely, the translation of the system of laws from foreign lands into a domestic system of laws needs to be carried out gradually in consideration of its relationship with the domestic legal system now in force. In order to meet such requirements, it is essential, first of all, to determine which is the area in which the concept of an integrated pollution prevention and control can be introduced, and, in case where such a concept is to be introduced, the extent to which such a concept is to be introduced. Seen from this perspective. the integration of regulation on discharging facilities emerges as a highly probable object since the regulation on discharging facilities in much of the related laws such as the atmospheric environment conservation act, and the water quality and aquatic ecological system conservation act is similar in their contents and form. To conclude, in order to run the discharge regulatory program on an integration basis, it seems appropriate to introduce an integrated bill that will deal with a discharge regulatory program. However, if regulatory laws are to be established successfully, and not simply to integrate legislation media by media, the relationship between the discharging facilities and the legislation should be taken into account, since such programs affect the discharging facilities regulatory program both directly and indirectly. The integration of discharge regulatory programs is not a terminal of an IPPC, but a bridgehead toward its extension. This paper suggests that we have to come to grips strategically with environmental demands and modify them into programs that suit our situation by way of an integrated discharge regulatory program.

발행기관:
비교법학연구소
DOI:
http://dx.doi.org/10.18215/envlp.1..200812.109
분류:
법학

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