연안습지의 효율적 관리를 위한 Mitigation 개념의 한국적 적용방안에 관한 연구 - 법제도 개선방안을 중심으로 -
- 연안습지의 효율적 관리를 위한 Mitigation 개념의 한국적 적용방안에 관한 연구 - 법제도 개선방안을 중심으로 -
- A Study on the Application of the Mitigation System for Efficient Management of Coastal Wetlands in Korea - Enhancement of Legal Regime-
- 박성욱; 권문상; 이용희; 이미진
- KIOST Author(s)
- Park, Seong Wook(박성욱); Lee, Charity Mijin(이미진)
- It is widely known that compare to many other countries, the U.S.A. has a strong framework for efficient implementation of mitigation policy to protect wetlands. As indicated in many strong mitigation initiatives, mitigation policy primary requires avoidance rule for wetland damage and if a developer inevitability damages wetlands, the development should be minimize, and as a last resort, the policy impose legal duty that a developer should compensate wetland corresponding to the damaged wetlands. However, the legal system for Korea's mitigation system does not provide any legal duty for the compensatory mitigation, although the possibility of creation of tidal flat is casually expressed in several Korean legal systems. Therefore, without any strong and enforceable legal system, Korean mitigation system cannot efficiently protect Korea's vast and productive wetlands. To introduce mitigation policy similar to the U.S.A. in Korea, we suggest that there (a) should be a strongly policy which regulate legal duty for the compensatory mitigation, (b) should be an improve management system for actively corresponding to special knowledge relating to environment, and lastly, (c) should be a system which consider a class action introduced in environmental regime for a long term protection of tidal wetlands for future generation.
- Ocean and Polar Research, v.25, no.3s, pp.545 - 555, 2003
- coastal wetlands; avoidance; minimize; compensate; restoration; creation; mitigation; 연안습지; 회피; 최소화; 대상; 복원; 창출; 영향완화
- Related Researcher
Marine Eco-Environment,Ocean legal regime/ocean policy/Ocean S&T,International Strategic Network,해양환경생태,해양법/해양정책/해양과학,전략적 국제네트워크
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