한국에서 환경범죄에 대한 형법적 대응방안 -형법에 의한 형벌과 환경행정법에 의한 행정벌의 분업화를 중심으로-

There is no decisive reason which says as the environmental crime and has to be specially treated with the according to criminal law. Because as the environmental crime is important benefit and protection of the law invasion action which I have to protect the social lief on, it can destroy fatefully the ecotype, that is the space enjoying the human life. About the action invading essentially the human health or ecotype by the important environmental pollution and the action which will not allow to enjoy the human life, we have to regulate the environmental pollution like one about the burglar or rapist in the criminal law. We can see this form in Chinese of German criminal law. Against this, about the slight environmental pollution must be required a treatment due to administrative punishment including the fine. Because a punishment is the antisocial action which can be involved based on important benefit and protection of the law invasion. Even if we look through in an experience, in the control of the environmental pollution, a preregulation is effective than after ones punishment. So we have to suppress to the utmost the pollution source through a preregulation due to the administrative punishment. In addition, the environmental crime Control Act has to be abolished. Therefore the penalty regulation in the environmental Administrative Law does the advanced prevention with a purpose, only a punishment due to the administrative punishment has to be possible.