해양환경관리법상 육상기원 해양오염원에 대한 공법적 규율

Ocean has been used for dumping place of wastes by the human beings since their emergence. Ocean was far away from people's lives and was believed to have infinite capacity to recover. Countries preferred free use of the ocean for disposal of their wastes. However, rapid economic development increased the amount of wastes dumped in the ocean exponentially and caused limit to the environmental capacity of the ocean. Korean government enacted <Marine Pollution Prevention Act> in 2007 and adopted various regulatory schemes reflecting provisions of the UN Convention of the Law of the Seas and the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972. The research studied various land-based sources of marine pollution, the relevant international law and the relevant Korean regulations. There are three land-based sources: (1) Ocean dumping of land-based wastes; (2) influx of garbages from the land; (3) coastal contamination by rivers and pipes and land uses. With regard to ocean dumping, Korea has made lots of effort to adopt international standards and decrease the amount of dumping. On the other two sources, however, Korea's efforts have not so been successful. Influx of garbages into the ocean and coastal contamination have not been much improved. There are two fundamental reasons. First, Korea's governance and budget for marine environmental protection is far short of needed. Second, Korea's environmental policy is, to be unbalanced, focusing on the land environment almost neglecting the marine environment. There need to be more coordinated environmental governance and policy setting which must integrate land and marine environment into its consideration.