해양오염의 환경적 불평등 개선을 위한 법적 연구

This article was written to suggest a legal interpretation method to improve the inequity based on legal and theoreical discussions of environmental justice when environmental inequity due to marine pollution continues. To this end, we are trying to identify the current status of environmental inequity caused by marine pollution, analyze issues related to environmental inequity from the perspective of environmental justice by dividing it into environmental rights, equal rights, and general principles of environmental law from the perspective of legal and theoretical perspective, and further seek legal solutions to overcome problems. From an environmental justice point of view, socially disadvantaged people, such as local residents and future generations, bear the risk of marine pollution without properly enjoying the benefits of the marine environment. And they participate in the decision-making process formally because they do not receive sufficient information related to marine pollution. Meanwhile the people who caused the pollution don't properly fulfill the obligation to compensate and remove damage from marine pollution, and rather, the victim does not receive prompt and sufficient relief from marine pollution damage. In order to improve environmental inequity caused by such marine pollution, it is necessary for the judiciary, including the Constitutional Court and the court, to recognize the limitations of the current legal system and interpret the law as follows. ; (ⅰ) to expand the effectiveness of environmental rights and equal rights in legal interpretation, (ⅱ) to actively review defects of marine environmental impact assessment, (ⅲ) to guarantee access to information on marine pollution damage, (ⅳ) to expand the scope of standing to sue for marine pollution damage, and (ⅴ) to distribute substantial responsibilities to the causes of marine pollution. It is hoped that the legal interpretation solution presented in this article will be actively reviewed, laying the foundation for resolving environmental inequity caused by marine pollution in Korea.