환경적 의사결정의 두 방식에 관한 일 고찰: ― 보전 중심의 공유수면의 관리에 대한 함의 ―

The Korean courts have hold that it is the way that evaluates the societal costs and benefits from developmental projects in a scientific, rational, and reasonable fashion that could be considered a rational and reasonable approach to resolving a clash between development values and environmental protection values when an public project of grand scale is being performed in need of the national policies. But in light of the distinguishing characteristic of environmental values, in an area of environment significant doubts can be cast on whether balancing approach as a decision-making vehicle is rational or not in that the decision-making determined by a balancing process would systematically be liable to lead a decision in favor of developmental values due to the very difficulties of economic valuation of environmental goods and services compared to developmental gains. Therefore in the context of environmental protection, it is needed to explore the alternative methods of decision-making. Putting it succinctly, it would be necessary for a environment values-devoted method of decision-making to be adopted, in accordance with which some alterations of the environment in a state of nature could be justified on half of developmental projects only if and when deemed to be inevitable, that is to say, there are no alternatives. The environment values-devoted method of decision-making will implicate the management of natural resources such as public water invaluable in that a balancing-based management paradigm is to be replaced with a conservation-based paradigm that can be characterized by the fact that a thumb in favor of environmental values should be placed on the scale in environmental desicionmakings.