공법상 계약을 통한 환경보호 -독일 연방토양보호법상 오염토양정화계약을 중심으로-

Soil contamination is a complex environmental issue that is difficult to address effectively through administrative measures alone, due to the uncertainty of pollution sources and attribution of responsibility, cumulative damage over long periods, and excessive remediation costs. In particular, Korea’s Soil Environment Conservation Act, which relies primarily on administrative regulatory measures such as remediation orders, shows limitations in encouraging voluntary participation of responsible parties and achieving prompt remediation. The soil remediation contract system under the German Federal Soil Protection Act presents an alternative approach to effectively resolve these issues through cooperative relationships between administrative authorities and responsible parties. Operating as a public law contract within the systematic legal framework of the Administrative Procedure Act and the Federal Soil Protection Act, this system enables parties to clearly establish responsibility relationships and rationally determine remediation methods through voluntary agreement. The remediation contract system is evaluated as an appropriate means for soil remediation in terms of overcoming the limitations of administrative measures, ensuring legal stability, and deriving flexible and comprehensive solutions. It enables balanced realization of public and private interests through rational adjustment of remediation costs, flexible modification of contract terms, and the right to terminate contracts for public interest. Considering the complexity and multifaceted nature of soil contamination, Korea needs to introduce a remediation contract system into its Soil Environment Conservation Act. This requires establishing specific legal grounds for essential contract provisions, administrative authorities’ powers and obligations, contract performance guarantees, and grounds for contract modification and termination. With such institutional foundations in place, the remediation contract system can present a new paradigm for soil environment conservation in Korea.