환경권과 경제성장의 함수에 관한 헌법적 고찰

As stipulated in Article 9 of the Framework Act on Environmental Policy, ‘Integrated Consideration of Environment and Economic’ should be premised for reasonable and sustainable management and preservation of the environment. However, while the social discussion on environment and economy shows substantial progress, active response in normative aspects including environment-related laws is shown to be insufficient. In order to improve this, active construction of judicial theories and judicial interpretations are required to be developed around the relation between environmental rights under the constitution and economy. First, at a fundamental level, environmental rights as independent fundamental rights should not be understood narrowly confining it to the natural environment but should be viewed as a wide concept which includes social/cultural environments. In addition, the examples where environmental rights and economic fundamental rights are conflicting with each other should be reviewed, and the direction to alleviate the strained relation should be derived. In this study, the normative prerequisites for environment-friendly economic growth are presented as follows on the basis of the above study results. First, the participation of general people in environmental problems should be actively induced by reinforcing procedural democracy for environmental regulation. Second, the permissions related to development and the environment should be integrated to provide a chance to harmoniously guarantee environmental rights and economic fundamental rights. If such normative prerequisites can be judicially/institutionally realized, it is expected that we can discover new chances and a driving force for social advancement by forming a virtuous loop of environment and economy.