4대강 관련 법률 및 제도의 현황분석과 효율적 개선방안

Abstract

Analysis of Legal and Systemic Issues of the 4Rivers and Proposals for Effective Improvement The Four Rivers Restoration Project was started in recognition of the need for fundamental policies that can respond to increasingly frequent floods and droughts arising from climate change, a problem that confronts both Korea and the entire globe. The project is intended to meet a variety of needs, including preparation for climate change, better coexistence with nature, reconstruction of land, balanced regional development, and the creation of a basis for green growth. In particular, as the Four Rivers Project will focus primarily on rivers and their surrounding areas, land use in the river basins affected will likely change significantly. The Four Rivers Project itself as well as projects related to land use in the river basins in question, by securing water flow, can be a positive factor in preventing flood and drought damage and enhancing regional development. Conversely, the project may act as a negative factor for the protection of water quality, the ecosystem, the environment, and cultural assets. Accordingly comprehensive review is required for rational and environmentally friendly land use planning, as well as for administrative plans set forth in related laws, and protected regions as related to the environment. This research was commenced for the foregoing purposes. Chapter 2 of this report regarding the "Current status of laws on the Nakdong River basin, and the Nakdong River restoration project," investigates ① the current status of laws regarding the Nakdong River basin's environment as described in previous research, ② the current status of laws on environmental impact assessments, and ③ the current status of project related organizations and regions. As a result thereof, 10, 11, and 7 laws respectively were denoted as relevant for the foregoing items, and after excluding redundant laws, a total of 21 laws were ultimately selected. The third chapter, "Review of relevant laws and systems," focuses on the laws designated in Chapter 2. Prior to review and analysis of each law, the legal scope of the review of the Nakdong River project was defined, and after defining the scope for individual laws, the 21 laws set forth in Chapter 2 were classified as pertaining to the "water environment," the "natural environment," the "land environment," and "miscellaneous."Six laws were excluded from consideration due to either a low degree of relationship with the main Nakdong River project, or a low degree of relevance to the Nakdong region. Chapter 4, "Analysis of relevance to the Nakdong River Project, related laws, and current status,"after analyzing the nature of detailed projects within the Nakdong project, took 15 laws classified in the foregoing four areas, and reflecting the current status of individual laws as understood in Chapter 3 as well as the opinions of experts, classified and compared the laws by detailed project for the Nakdong River to determine the following matters: ？ As a result of examination of restrictions and prohibitions on conduct in laws pertaining to the water environment, regulations on relevant conduct and pollutants etc., including restrictions on installation of potential pollution discharging facilities, for the purposes of minimization or management of the inflow of pollutants into the areas in question (e.g. rivers) can be understood. ？ For laws pertaining to the natural environment laws were denoted that prohibited changes in the existing topology or facilities, and restricted collection of resources like sand etc., as well as laws that specified prohibit conduct, including acts that threaten plants and animals. ？ Conversely, for areas designated for protection of water supplies, laws expressly state that certain cases recognized as not interfering with the designated purpose of water supply protected areas, like construction of structures required for the public interest and construction or installation of other structures is permissible. Exceptions are permissible in laws pertaining to the natural environment for projects that have a strong influence on the national economy as part of national policy, for military purposes, disaster prevention or restoration there from, and other instances such as prevention of damages from floods, regarded as being unavoidable. Aside from the foregoing, matters connected to the performance of individual projects pursuant to individual laws were analyzed. As expected results of this study, if comprehensive development projects like the four rivers project are undertaken, prior analysis of laws and systems related to individual projects and project regions will be required, and the legal review proceedings presented herein can be used as a reference. Furthermore, for mid to large-scale national policy projects for national development or disaster prevention undertaken with the attainment of public approval, the existence of various cooperation and permissions proceedings under the relevant laws and between the relevant departments can cause delays of projects. Accordingly, to pursue and attain the goals of special national projects, review will be needed of proposals for enactment of special laws etc.