공법상 환경관련기준의 배상법적 의의

Global environmental problem is very dangerous. Our constitution has provided the right to live in healthy and pleasant environment and environment preservation duty of state and citizen. Environment preservation act has provided environmental pollutant and environmental standards. Framework act on environmental policy has provided the duty of setting environmental standards and maintenance of appropriation. Related environmental standards in public law is used comprehensive meaning. For example permissive emission standards and water quality standards and so on. Environmental standards mean desirable environmental condition or qualitative level. Many scholar does not admit legal power of it. Recently the Supreme Court has declared some meaningful decision. If permissive noise standards in building act is not stricter than that of framework act on environmental policy, the Supreme Court has applied environmental standard. Environmental standards is used as a standard of judgement for illegality, damage and a standard of reference for the goal of environment preservation etc. Especially environmental standards work as a important component of illegality in compensation law, we should analyze various case study.