環境上 行政制裁論에 관한 統合的 視覺에서의 小考 - 日本에서의 2013년 테마특집 ‘行政制裁法の課題’를 접하고 -

It’s long time that ‘environmental administration’ has been common interesting problem. In environmental administration the systemical changes of trans-penalty is undergoing and the revaluation of adaptation of sanctional means is likely to be revealed with the limit of penalty and the efficiency of administration. The above tendency should be more activated and futhermore command the access to making better environmental administration through somewhat integral viewpoint. Firstly, In concern with the settlement of the main body of legal liability, the corporation of enterprise itself should be loaded in liability from its employees’ deed in the viewpoint of ‘theory of the corporation’s loading liability of its own’. Secondly, the theory of ‘de-criminalization’ in concern with the choice of sanctional means should be called ‘that of organic reformation of environmental administration sanction’. It should be stretched further to the ‘de –Administrative Punishment’ through substituting present sanctional means for new means of making duty performed. Thirdly, In the circumstances that we understand the definition of the function of penalty provisions, the existing provisions of penalty should be enforced fully and by that so they could have their own restriction efficiency toward our general people. Fourthly, other several means of seizing duty perfomance should be developed and other substitutive ones should be replaced in substitution for the old. By that we can lessen the relative importance of Administrative Punishment taking charge of in environmental administrative sanction to the least. Fifthly, it is needed that we should fix our attention over the work of enterprize itself. By doing so, we could be able to have the reasonable system of joint penal provisions suitable for ‘the theory of liability of enterprise organ’. And in concern with the solution of administrative sanction, we should try our best to prepare the adaptive legal procedure of appealing in case of environmental administrative sanction. All the means of environmental administrative sanction should be hamonized for the better environmental condition as the orchestra should be so. The trial for the individual but integral function of all the means for environmental administrative sanction should be sustained consistently. The earth could spin itself on arround the sun under the extension of warm helping hand by reasonable environmental administrative sanction