연안의 지속가능한 이용을 위한 법정책적 과제

This article aims to draw attention to the fact that despite Korea's efforts to systematically manage coastal use by enacting and revising many laws related to coastal use management, conflicts over coastal use have repeatedly emerged in practice due to limitations in the legal system, and to suggest legal policy issues for sustainable coastal use. To this end, we first examined the spatial value and sustainability of coastal use, analyzed the current status and limitations of coastal use management legislation in Korea, and then reviewed the trends and implications of coastal use management systems abroad to suggest legal policy issues for sustainable coastal use in Korea. As an important space connecting the sea and land, the coast is a place with various social, economic, and environmental use values. In other words, in spatial terms, the coast is used as living spaces where people live or engage in activities, production spaces that produce goods and services necessary for human survival, and ecological spaces where various land and marine organisms live. In order to sustainably utilize coasts with these characteristics, it is judged that existing and new demands should be harmonized from the perspective of equity, a system should be in place for integrated management of the ocean and land from the perspective of connectivity, and the resilience of social and ecological systems should be strengthened from the perspective of resilience. However, the current legislation in Korea does not fully utilize the value of the coast as living spaces, production spaces, and ecological spaces due to various demands for coastal use, and does not allow for sustainable use in harmony with existing and new demands. In other words, in terms of overall management, the comprehensive coastal use management system is insufficient due to the lack of effective management scope of the coast, linkage between land management and marine management, and evaluation of the appropriateness and environmental performance of marine use; in terms of detailed management, the current legislation isn’t in harmony between existing and new demands for coastal use due to the maintenance of a management system focused on existing demands, lack of a system to activate new demands for use, and insufficient coordination system between existing and new demands for use. On the other hand, it is worth noting that coastal use management systems in other countries such as Japan, China, and Europe have established comprehensive coastal use management systems in terms of laws, organizations, etc. and are making efforts to reconcile existing and new demands for coastal use, including multi-dimensional use of the sea and substantial participation of stakeholders, while promoting coastal use management policies based on a sustainable marine economy that emphasizes equity, connectivity, and resilience. Therefore, in order for Korea to manage its coasts for sustainable use, it is necessary to pursue the following three legal and policy issues. First, the Coastal Basic Act should be enacted for a comprehensive coastal use management policy. In other words, the Act should establish an overall management system by including the purpose and ideology, concept and scope of the coast, spatial classification of coastal use, survey and monitoring of coastal use demand, establishment of coastal basic plan and management plan, coordination and evaluation of the plan, and establishment of a special coastal account. Second, it is necessary to establish a new provision to strengthen the link between coastal and land and environmental management. For example the Framework Act on the National Land should establish an integrated land management section and regulations for coastal areas and revise the regulations for coordination between plans; the Framework Act on Environmental Policy should establish measures to link with coastal planning under the Coastal Basic Act; and the Environmental Impact Assessment Act needs to be revised to evaluate the adequacy and environment of marine use in the Marine Use Impact Assessment Act for port and fishing port development projects, and public water reclamation projects among projects subject to strategic environmental impact assessment and environmental impact assessment Third, it is necessary to prepare individual legislative maintenance plans according to the detailed space-specific legislative model. In other words, the detailed space legislation identifies the concept and scope of space, priority principles of space use management, policy planning and implementation, zoning and use revitalization projects, and means of linking with other spaces as core systems, and based on this, it is necessary to supplement the deficient systems and improve individual problems related to sustainability in living, production, and ecological spaces.