환경갈등 극복을 위한 환경민주화의 법적 과제

This study examines the environmental conflict between citizens and their government. It focuses especially on legal problems of solving conflict. The meaning of the environmental democracy is debated, but we follow the definition that it is a participatory and ecologically rational form of collective decision making. In order to realize the environmental democratization, this study proposes the following concepts. First, we should clearly establish the new role of a modern state. The model of the "Gewaehrleistungsstaat", which has been recently asserted in Germany, is worthy of notice. Second, the environmental procedural rights, which contain access to information, public participation in decision-making and access to justice in environmental matters, ought to be accepted in our environmental law scheme. Third, a mediation, in which a neutral third party assists the disputing parties to negotiate a mutually acceptable solution, may play prominent roles in resolving environmental conflict between citizens and the government. In other words, mediation is considered also as a route for resolving public law disputes, particularly in environmental matters. Last, if the environmental democracy is used widely to include the 'ecological democracy', legal problems of ecological demage should be also discussed in context of the environmental democracy. Thus such a democracy can be combined with the concept of liability for environmental damage.