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KMID : 0615219890140010331
Journal of Kwangju Health
1989 Volume.14 No. 1 p.331 ~ p.355
A Study on Legal Procedures Concerned with Environmental Administration
李輔泳
Abstract
In the mutual contradictions between environment and development, one is not always prior to the other in each of their basic qualities, but they both have the same point that they must be harrnonious with each other.
Related to the mght after sirmlar points between the two diverging views, when people regard this kind of government policy as a problem of political choice by themselves on principle, the way of procedural deliberation is very significantly meaning-ul in case that there exist such circumstances as require fundamentally political decisions, that is to say, the which we admit certain limits existent on the matter of Judicial interference in developmental projects.
However, in the due process of realizing this kmd of limited procedural involvement, when our real situations go Concerned, the court should not repeat the old and hackneyed, passive and negative confrontations, connected with legal problems in developments, but the judiciary is now strongly expected to take more active and creative legal accounts of those cases in order to properly adapt itself to the modem problems of preventing environmental destructions from occurring. .
Under such rapidly changing social circumstances as nowadays, the established social systems and laws are not considered so appropriate for giving right solutions to various legal cases, and they are much believed to have many blanks, defects and inconsistencies.
For exampIe, there is a prominent problem of unfinished adjustment between laws of Environmental Regulations and legal clauses of Consumer Protection Laws.
Therefore, the judiciary has the principal obligations to take in current social changes and their ensuing social demands with accusacy and adequacy, and through the eliberation process of concrete facts, the court shall find out blanks and inconsistencies in decrees, laws and legal systems, and furthermore, it ought to revise and renovate those kmds of legal demerits into healthy, correct and lawful clauses and artides so that it can create proper opportunities to lay the legal foundation for further new legislations.
Of late, though some degrees of damages have been made up for due to more developed and mproved Litigation System on Public Damages which is a kind of civil suit, there are some real lmts whch have been pomted out as the followmg.
The compensations won by civd suts, first, do not do any good to the real restoration requred for damages done by con-struction projects and so on. second, are mdividual compensations ´between those concerned, and third, cannot restore the all-area environmental detenoration, and finally, because they are correctional measures which can take place only posteriorly, I would like add to this conclusion that they turn out to be by no means helpful to the prevention of the damages.
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