환경분쟁조정법상 조사에서의 변호사의 조력을 받을 권리

The purpose of the Korean Environmental Dispute Mediation Act(EDMA) is to conserve the environment and to relieve damage to the health and property of citizens by providing for the procedure of adjustment regarding environmental disputes for the rapid, fair and efficient settlement of the environmental disputes. The environmental dispute resolution system under the EDMA is an administrative alternative dispute resolution(ADR). When necessary for the adjustment of disputes, the adjustment committee may conduct an investigation under the EDMA. It is clear that the due process of law must be fully observed in the investigation under the EDMA in order to restore the procedural legitimacy and fairness of the adjustment of environmental dispute and to secure the public’s trust in the adjustment of environmental dispute. On the other hand, the right of legal assistance is the essence of the defense right of the persons subject to investigation. Accordingly, thoroughly recognizing the right of legal assistance of the persons subject to investigation in the investigation under the EDMA is consistent with the due process of law, which is the core of the principle of the rule of law. In this paper, I review the legal nature of the investigation under the EDMA, and then I try to consider the problem of the right of legal assistance in the investigation under the EDMA and suggest ways to improve the right of legal assistance in the investigation under the EDMA. It is expected that this study will contribute to the right of legal assistance in the investigation under the EDMA.