해양환경권의 보호와 해양환경보전의 국가목표에 관한 헌법적 고찰- 해양오염방제 제도개선을 위한 헌법적 기준 제시를 중심으로 -

This article examines the legal nature of the maritime environmental right of the people, the marine environmental protection obligation of the state and the national goal of marine environmental conservation, and how it should be systematically implemented in relation to the marine pollution response system of Korea. It is argued that the fundamental right to the marine environment should be recognized by the characteristics of the marine as a common asset of the people and that the contents of the marine environmental obligation of the state should be evaluated flexibly in view of the technological progress in the field of the marine environment conservation. The constitutional national goal of marine environmental conservation is suggested to be implemented on the basis of stepwise responses according to the degree of marine pollution. As discussed in the above-mentioned constitutional standards on maritime environmental rights, the issues are respectively examined, concerning the special fund for the complete indemnities on the marine pollutions, the prepayment of the costs for the recovery operations against oil spill, and the participation of private companies in these operations. In conclusion, this article would emphasize the need to find the solution applying the legal methods based on the Constitution rather than the compromise by the logic of power and efficiency.