환경형법상 환경범죄 개념의 재정립

With the advancement of science and technology since the Industrial Revolution, humanity's ability to transform nature has increased unprecedentedly. At the same time, the conflict between humans and nature was remarkable, and environmental issues became a global concern. In particular, in the late 20th century, as countries around the world progressed to industrialization for economic development, a large amount of natural resources were consumed, and in this process, hazardous substances such as waste were artificially released, became a huge threat to human health and life. As a result, countries around the world enjoy the benefits of industrialization and are also taking damage from environmental problems. Both Korea and China also encountered a series of environmental problems in the process of economic development. * Doctor’s degree, college of law, Gyeongsang National University. ** Associate professor, college of law, Gyeongsang National University. First, Korea reorganized its legal system to cope with environmental issues. Starting with the enactment of the 「Pollution Prevention Act」 in the 1960s, the 「Framework Act on Environmental Policy」, the 「Special Act on the Punishment of Environmental Offences」, and 「Act on the Control and Aggravated Punishment of Environmental Offences」 have been enacted. Until the end of the 1970s, China promulgated the 「Environmental Protection Act」 and played a role in cracking down on environmental infringement activities along with the 「Criminal Law」. Following the process of reformation, China enacted laws such as the 「Water Pollution Control Act」, 「Air Pollution Control Act」, and 「Forest Act」. And the criminal law also separately stipulates the crime of destroying the environmental resources, establishing a legal system for environmental protection in China. However, innovation in science and technology is increasing the number of factors that can cause changes in the environmental concept such as the creation of synthetic organisms and the spread of infectious pathogens. It was necessary to confirm the concept of environmental and environmental offences and re-establish it in order to distinguish it from crimes. Therefore, in the paper, the environmental concept of both Korea and China and the concept of environmental offences were identified, and after confirming the difference between China and Korea, the possibility of change in the concept of environmental offences was sought.