환경분쟁조정제도의 선진화를 위한 법적 과제

Legal tasks for the advancement of ‘Environmental Disputes Adjustment’ institution

Park, Tae Hyun


I think that two legal tasks should primarily be dealt with for the advancement of ‘Environmental Disputes Adjustment’ institution in korea. One of them is to revitalize “Mediation”. For that, mediation committee first of all needs to be made up with ‘openness’ and it is necessary for environmental impact inspector to be appointed through a fair way and for inspect-expense to be allocated appropriately between parties concerned and furthermore, a power is to be endowed to mediation committee to give a order of temporary inunction when urgently necessary.
The other is to enhance the quality of arbitration. For this purpose, I suppose that the institution of “Cases Manage System” that will be composed of three sub-system called as「case selectingㆍclassification-treatment-tracingㆍfeedback」needs to be introduced. Moreover it is necessary for Periodical Review System to be introduced so that assessment methods of environmental damages and criterion for calculating of indemnities can be reviewed periodically to ensure that cases are dealt with rapidity and effectiveness.