「해양환경관리법」상 환경성 검토제도의 문제점 및 개선방안

The 「Marine Environment Management Act」 provides a comprehensive environmental review of marine areas, such as the Convention on the Utilization of Sea and the Assessment of Sea Use Impact, to cope with the situation caused by reckless development activities in the ocean. It also implements the Marine Service Consultation Plan to reduce the environmental impact of the development projects carried out in the ocean and to adjust conflicts among users in advance. And Certain projects that have a significant impact on the marine environment during the marine service consultation were required to carry out an assessment of the impact of the maritime use on the marine environment, which has been enhanced compared to the previous agreement on the use of sea water. Although it is oriented toward a professional and scientific environmental inspection system in the marine sector, these systems involve some problems such as scope ambiguity of the Convention on the Utilization of Sea Water, Limits of the Convention caused by the duality of Marine Environment Management, Fairness Problem of the use of sea water impact assessment institution. To solve these problems, The environmental review assessment system should be improved, the objective evaluation criteria should be prepared, and the consultation organization should also be sought to enhance its functions. In addition, an integrated marine environment management system should be established by improving the assessment method considering the characteristics of the project and the characteristics of the sea water. In addition, the environmental impact survey under the 「Environmental Impact Assessment Act」 focuses mainly on the land environment, so there is a limit to the marine environmental impact. And there are problems in follow-up management, such as whether the consultation opinion has been implemented in accordance with the sea use agreement, whether the environment around the business site has been changed, or whether the disposal right holder has fulfilled the orders. To ensure practical follow-up management, the regulations should be revised to go through the opinions of the Minister of Maritime Affairs and Fisheries on projects that conduct water use consultation among projects subject to environmental impact assessment and in the case of public waters reclamation projects with a surface area of less than 15,000 m2, the continuous investigation and review are required through the revision of regulations to be covered by the marine environmental impact survey to ensure practical follow-up management. Lastly, the substantial marine sector environmental review system should be established by reflecting the opinions of the public and local governments, including residents who are familiar with the local environment, before deciding how to assess the environmental impact by actively adopting and utilizing the screening system and scoping procedures.