환경형법의 해석과 적용상의 쟁점 검토 -물환경보전법을 중심으로-

The penalty provisions of the Water Environment Conservation Act follow an administrative-dependent illegality structure, wherein penalties are imposed by referencing or directing to provisions that regulate administrative violations under administrative law. Particularly, acts such as installing wastewater discharge facilities without the required permit or notification are punishable even without direct harm to the legal interest, solely by violating duties imposed by administrative authorities. This raises a debate on whether the interpretation of legal provisions for administrative sanctions can be directly applied to criminal penalties, or if criminal penalties should only apply to acts that pose a risk of harm to legal interests. This issue is particularly evident in the interpretation of the term ‘discharge’ under the Water Environment Conservation Act. Our courts have repeatedly clarified the meaning of 'discharge' in both administrative and related criminal trials; however, points of contention remain. This paper aims to examine the interpretative and applicative issues inherent in the penalty provisions of environmental laws, primarily structured to impose penalties for administrative violations, through case studies related to the Water Environment Conservation Act, and to explore potential solutions.