헌법상 환경권 실현을 위한 가축분뇨의 관리와 이용에 관한 법제 연구

Under the section 1 of Article 35 of the Constitution , every citizens shall have a right to manage their lives at a healthy and pleasant conditions. Thus, both the government and nationals have an obligation to preserve the environment well. According to the Article 2 of this law, the contents and practice of the environmental rights shall be enacted as law and regulation. Likewise, the environmental rights are being protected under the Constitution of Korea and there have been enacted several regulations for the preservation of the environment including 'Environment Policy Basic Act'. Above all, the legislature has enacted the regulations of regarding pre-management, , utilization and public disposal of livestock excretions. For the worse, these utilization and management of livestock excretions has not been made properly due to the causes such as 'Affordability Crisis for the sprayed amounts of livestock excretions" and 'lack of the resource recycling and adequate processing of livestock excretions' . Therefore, the increasing necessities to deal with the disposing expenditures for building a recycling system and expanding an environment-friendly livestock business have become one of the essential issues to settle so immediately. More than anything, it is the only way to live together with the entire human race in the world that we manage to deal with the livestock excretions in a manner to preserve our environment as clean and healthy, not being polluted. Thus, there should be an improvement at the level of 'utilization and disposal amount' on the current 'Act on Utilization and Management of Livestock Excretion. Specifically, reinforcement of the standards to decrease the use of antibiotics, should be made in order for the improvement of resource recycling of the livestock excretion. A cooperative mechanism with civil societies and subsidy program for technology of excretion disposal system are also important homeworks that need to be done for more constructive management of livestock excretion industry. This study is aimed at researching on the methods of legislating the laws and regulations related to the prevention against environmental pollution by livestock excretions for the realization of environmental Rights in the Constitution of Republic of Korea. Countries that have recognized the importance of environmental issues and the seriousness of environmental pollution provided the legal system in order to conservate environmental from environmental pollution. Our government also laid the environmental clause of the constitution in the eighth Amendment of the Constitution in 1980. Therefore all nation’s organization need to protect and realize the environmental rights. So that public should protect environmental pollution by livestock excretions.