해양환경형법 집행에서 법해석 방법론의 단계적 적용 방안 - 대법원 형사판례의 해석 기준과 실무 사례의 실증적 검토 -

The purpose of this study is to solve the uncertainty of legal interpretation arising in the process of law enforcement in the marine environment sector, including criminal punishment regulations as an environmental criminal law, and to enhance legal stability and predictability by presenting a consistent legal interpretation tool. Currently, the Supreme Court precedents apply various interpretation methods without consistent priority, such as prohibiting literary and analogical interpretation, teleological interpretation, and comprehensive judgment based on social norms, causing confusion in the interpretation at the law enforcement site. This is Because, although Supreme Court precedents do not have binding force on law enforcement agencies, the judiciary's interpretation method effectively serves as a review standard for law enforcement agencies when they determine the application of the law to individual cases. Therefore, this study first empirically analyzes the general theory of legal interpretation and the criminal case of the Supreme Court to critically examine the problems of the current interpretation theory. Based on this, a step-by-step legal interpretation methodology that reflects the principle of principle of legaility and the specificity of the marine environment and maritime field is presented through comparative legal considerations on the priority theory of legal interpretation in Germany and the Anglo-American. The methodology proposed through this process is a three-step approach that verifies the validity of the interpretation by considering social norms and various circumstances, ① prioritizes literary and systematic interpretation based on the possible meaning of the text, ② supplements teleological interpretation to prevent unduly narrow understanding through considering legislative objectives and international agreements if its meaning is unclear. ③ Finally, the validity of interpretation is verified by considering social norms and various circumstances. Furthermore, the proposed methodology is applied to actual law enforcement issues to demonstrate the validity of the interpretation of the shipyard's dry dock to be included in marine facilities, and the current Marine Environment Management Act examines the possibility of proactive measures for ships with high risk of marine pollution, such as long-term abandoned ships. With these standards, the role of the marine environment law enforcement agency should go beyond the legal function to verify the suitability of reality through practical legal interpretation procedures and to present policy alternatives when a gap exists between legal provision and legislative intents/social expectation. Through this, it is expected to contribute to strengthening the guaranteed function of principle of legality and securing trust in law enforcement by establishing a unified standard in the process of law enforcement.