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학술논문아주법학2011.06 발행KCI 피인용 1

우리나라의 환경정보공개제도 도입 현황

A Study on Legal Systems of Access to Environmental Information in Korea

황인목(환경부 녹색환경경제과 사무관)

5권 1호, 7~28쪽

초록

The environmental information is one of important sources to protect our environment. Access to environmental information plays a great role in protecting environment through the public participation. Most of developed countries in Europe have independent laws and regulation which provide access to environmental information for EC Directives and Aarhus convention. Korean, like the US, does not have an independent law related access to environmental information; however, Korean government has prepared to legislate such laws. This paper explores the Korean legal system regarding the disclosure of environmental information. Since 2008, the Department of Environment has prepared the Environmental Management Information System in order to implement the disclosure of environmental information through the electronic methods. Moreover, it has introduced green enterprise environmental information disclosure system by amending the Green Enterprise management regulation in 2009. Recently, Environmental Technology and Environmental Industry Support Acts has provided a statutary right of access to environmental information held by public authorities. Although these regulation has played a role in access to environmental information, it is necessary to establish independent Environmental Information Disclosure Act. The coverage of the Environmental Information Disclosure Act would be greater than the existing legal system. It is necessary to set out a list of the bodies and classes of bodies that are public authorities. There would be expected to establsih independent institutions for its implementation; such as Information Commissioner or the Information Tribunal. Moreover, it is necessary to establish the independent institution which would be appeal body deciding disclosure of environmental information.

Abstract

The environmental information is one of important sources to protect our environment. Access to environmental information plays a great role in protecting environment through the public participation. Most of developed countries in Europe have independent laws and regulation which provide access to environmental information for EC Directives and Aarhus convention. Korean, like the US, does not have an independent law related access to environmental information; however, Korean government has prepared to legislate such laws. This paper explores the Korean legal system regarding the disclosure of environmental information. Since 2008, the Department of Environment has prepared the Environmental Management Information System in order to implement the disclosure of environmental information through the electronic methods. Moreover, it has introduced green enterprise environmental information disclosure system by amending the Green Enterprise management regulation in 2009. Recently, Environmental Technology and Environmental Industry Support Acts has provided a statutary right of access to environmental information held by public authorities. Although these regulation has played a role in access to environmental information, it is necessary to establish independent Environmental Information Disclosure Act. The coverage of the Environmental Information Disclosure Act would be greater than the existing legal system. It is necessary to set out a list of the bodies and classes of bodies that are public authorities. There would be expected to establsih independent institutions for its implementation; such as Information Commissioner or the Information Tribunal. Moreover, it is necessary to establish the independent institution which would be appeal body deciding disclosure of environmental information.

발행기관:
법학연구소
DOI:
http://dx.doi.org/10.21589/ajlaw.2011.5.1.7
분류:
법학

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우리나라의 환경정보공개제도 도입 현황 | 아주법학 2011 | AskLaw | 애스크로 AI