환경권의 실효적 보호를 위한 위헌심사기준 강화 - 비교법적 검토를 중심으로 -

Today, the need for ‘constitutional solutions’ and ‘international responses’ to environmental problems is becoming increasingly urgent as they threaten the survival of humanity. As new environmental problems emerge and the limitations of legal responses become apparent, attempts are being made to address these problems constitutionally, based on constitutional rules, principles, and rights. Furthermore, the international community recognizes environmental problems as global problems requiring international responses and is striving to address them effectively through international cooperation. Efforts are also being made in Korea to effectively protect environmental rights. However, due to the limited number of decisions by the Korean Constitutional Court on environmental rights, a standard of judicial review that reflects the specificity of environmental rights has not yet been established. Therefore, it is necessary to establish a standard of judicial review that can effectively protect environmental rights, taking into account the specificity of environmental rights. Based on a comparative legal analysis, I believe there are four possible approaches to establishing a standard of judicial review that enables the effective protection of environmental rights: (1) Applying internationally agreed-upon norms regarding environmental issues, which have been the result of long-standing international discussions, as criteria for the standard of judicial review; (2) Establishing and applying principles specific to the environmental field, such as the precautionary principle, the cost-benefit analysis, and the principle of sustainability, as constitutional principles; (3) Applying the principle of prohibition of excessively abundant restriction; (4) Enhancing or diversifying the intensity of scrutiny for the principle of prohibition of excessively deficient protection.