지속가능한 사회를 향한 환경규제정책의 발전방향

Title
지속가능한 사회를 향한 환경규제정책의 발전방향
Authors
정회성
Issue Date
2002-06-01
Publisher
한국환경정책·평가연구원
Series/Report No.
정책보고서 : 2002-02
Page
x, 174p.
URI
http://repository.kei.re.kr/handle/2017.oak/19062
Language
한국어
Keywords
환경규제
Abstract
The economic logic of governmental intervention to environmental problems is the market failures; the free market can not allocate environmental resources optimally, since the environment has the public good properties and the consumption and production of the environmental resources used to cause externality problems. To address the worsening environmental pollutions and ecosystem deterioration, most countries have introduced their own environmental policies since the late 1960s. With the proliferation of neo-conservative ideology which emphasizes the superiority of the market over the government, however, deregulation (or regulatory reform) has become hot policy agenda in many countries since the early 1980s. The collapse of Communist Block of Eastern Europe in part due to deepening inefficiency of the economy has further helped the expansion of the market superiority ideology. The environmental policy was not an exception in this trend. Many economists and policy makers have advocated the application of the marketization principles even for the environmental management problems caused by the market failures. Since the inauguration of Kim Young-Sam Administration in the early 1990s, the market superiority ideology has also landed in Korea and the deregulation (or regulatory reforms) has been a top policy agenda. In particular, the People's Government, which started along with the foreign currency crisis in the late 1997, strongly has pursued the regulatory reform policies. The government assumed the deregulation policy as one of the best alternatives to overcome the deep-rooted inefficiency of Korean economy and the corruption of the public sectors that were considered as the main causes of the economic crisis. This report addresses the environmental regulatory policies for the sustainable development of our society, in both theoretical and practical aspects. The ultimate goal of a governmental regulation is to create a new societal order that we assume it desirable. The purpose of environmental policy is to develop a society that can wisely use and conserve the precious environmental capital. Unfortunately, both the market and the government, this report argues, have their own inherent loopholes in handling the environmental pollution and ecosystem deterioration problems, ultimately the life-supporting function of the ecosystem. Considering the weaknesses of the market and the government and the inherent uncertainties of the ecosystem problems, this study develops a sustainability system approach to environmental policy. The sustainability system approach is designed to integrate economic growth and social development under the condition of the permanent conservation of environmental capacity. In order to pursue the goal of sustainable development, the ultimate goal of environmental policy should be the conservation of the life-supporting functions of our ecosystem. One should, however, always keep in mind that the conservation of environment's carrying capacity can not be achieved without the appropriate consideration of societal integrity and economic efficiency. In order to make the sustainable development possible, the future environmental policy should target to the conservation of specific ecosystems instead of concentrating on specific pollutant emission control. We can mitigate the high uncertainties of ecosystem problems taking advantage of a new governance structure with free information production and circulation. Accordingly, the environmental policy procedures should be designed to fulfill discursive democratic structure that evolve itself along with the changes of policy circumstance. Based on the above-mentioned sustainability system model, this paper evaluates the environmental regulatory reform efforts of People's Government. The outcomes of the government show mixed blessings. The government did make a lot of progress in the details of specific policy issues, in particular in the development of environmental governance structure and the choice of policy targets, but could not demonstrate the clear vision for the sustainable development to the people, To make the future environmental regulatory reform more acceptable from the perspectives of the sustainability system's criteria, this paper emphasizes following points. Firstly, environmental regulation should be strengthened to actually protect the environmental rights of people. Such policy tools as, the precautionary principle, environmental compensation system, environmental information disclosure, would be useful for this purpose. In particular, the responsibilities for environmental information provision should be transferred to environmental users rather than current environmental victims. Secondly, environmental regulation should be more flexible and efficient. Environmental regulatory system should be redesigned based on the principle of industrial ecology, and the voluntary approaches to environmental management should be extended. In particular, this study emphasizes the introduction of environmental accounting system and the ecologically friendly management of new investment through the financial sector. Thirdly, government should endeavor to make policies with heavy environmental impacts even greener. Such government policies as, energy and water resources development, national land and urban development, agricultural and fishery practices, etc. should be managed according to the sustainability principle. The full cost pricing and eco-tax reform would be good alternatives to induce sustainable production and consumption. Finally, on-time amendments of environmental laws and the re-shuffling of administrative structure are necessary to backup the evolution of the sustainability system. The legal and administrative reforms should be done according to the integration principle of environmental protection and resources management. It must be reminded that a well-designed feedback system in the environmental policy process would facilitate the iterative regulatory reform to address the intrinsic uncertainties of ecosystem problems. Regulatory Reform toward a Sustainable Society in Korea The economic logic of governmental intervention to environmental problems is the market failures; the free market can not allocate environmental resources optimally, since the environment has the public good properties and the consumption and production of the environmental resources used to cause externality problems. To address the worsening environmental pollutions and ecosystem deterioration, most countries have introduced their own environmental policies since the late 1960s. With the proliferation of neo-conservative ideology which emphasizes the superiority of the market over the government, however, deregulation (or regulatory reform) has become hot policy agenda in many countries since the early 1980s. The collapse of Communist Block of Eastern Europe in part due to deepening inefficiency of the economy has further helped the expansion of the market superiority ideology. The environmental policy was not an exception in this trend. Many economists and policy makers have advocated the application of the marketization principles even for the environmental management problems caused by the market failures. Since the inauguration of Kim Young-Sam Administration in the early 1990s, the market superiority ideology has also landed in Korea and the deregulation (or regulatory reforms) has been a top policy agenda. In particular, the People's Government, which started along with the foreign currency crisis in the late 1997, strongly has pursued the regulatory reform policies. The government assumed the deregulation policy as one of the best alternatives to overcome the deep-rooted inefficiency of Korean economy and the corruption of the public sectors that were considered as the main causes of the economic crisis. This report addresses the environmental regulatory policies for the sustainable development of our society, in both theoretical and practical aspects. The ultimate goal of a governmental regulation is to create a new societal order that we assume it desirable. The purpose of environmental policy is to develop a society that can wisely use and conserve the precious environmental capital. Unfortunately, both the market and the government, this report argues, have their own inherent loopholes in handling the environmental pollution and ecosystem deterioration problems, ultimately the life-supporting function of the ecosystem. Considering the weaknesses of the market and the government and the inherent uncertainties of the ecosystem problems, this study develops a sustainability system approach to environmental policy. The sustainability system approach is designed to integrate economic growth and social development under the condition of the permanent conservation of environmental capacity. In order to pursue the goal of sustainable development, the ultimate goal of environmental policy should be the conservation of the life-supporting functions of our ecosystem. One should, however, always keep in mind that the conservation of environment's carrying capacity can not be achieved without the appropriate consideration of societal integrity and economic efficiency. In order to make the sustainable development possible, the future environmental policy should target to the conservation of specific ecosystems instead of concentrating on specific pollutant emission control. We can mitigate the high uncertainties of ecosystem problems taking advantage of a new governance structure with free information production and circulation. Accordingly, the environmental policy procedures should be designed to fulfill discursive democratic structure that evolve itself along with the changes of policy circumstance. Based on the above-mentioned sustainability system model, this paper evaluates the environmental regulatory reform efforts of People's Government. The outcomes of the government show mixed blessings. The government did make a lot of progress in the details of specific policy issues, in particular in the development of environmental governance structure and the choice of policy targets, but could not demonstrate the clear vision for the sustainable development to the people, To make the future environmental regulatory reform more acceptable from the perspectives of the sustainability system's criteria, this paper emphasizes following points. Firstly, environmental regulation should be strengthened to actually protect the environmental rights of people. Such policy tools as, the precautionary principle, environmental compensation system, environmental information disclosure, would be useful for this purpose. In particular, the responsibilities for environmental information provision should be transferred to environmental users rather than current environmental victims. Secondly, environmental regulation should be more flexible and efficient. Environmental regulatory system should be redesigned based on the principle of industrial ecology, and the voluntary approaches to environmental management should be extended. In particular, this study emphasizes the introduction of environmental accounting system and the ecologically friendly management of new investment through the financial sector. Thirdly, government should endeavor to make policies with heavy environmental impacts even greener. Such government policies as, energy and water resources development, national land and urban development, agricultural and fishery practices, etc. should be managed according to the sustainability principle. The full cost pricing and eco-tax reform would be good alternatives to induce sustainable production and consumption. Finally, on-time amendments of environmental laws and the re-shuffling of administrative structure are necessary to backup the evolution of the sustainability system. The legal and administrative reforms should be done according to the integration principle of environmental protection and resources management. It must be reminded that a well-designed feedback system in the environmental policy process would facilitate the iterative regulatory reform to address the intrinsic uncertainties of ecosystem problems.

Table Of Contents

제 1장 서 장 1

제 2장 환경정책의 의의와 규제수단 7
제1절 환경문제와 시장의 실패 7
1. 외부효과 7
2. 공공재의 존재 8
3. 정보의 부재 9
4. 환경피해의 역진성 9
제2절 환경정책의 의의와 특수성 10
1. 환경정책의 의의 10
2. 환경정책의 특수성 13
제3절 환경정책의 목표와 규제정책 수단 17
1. 환경정책의 목표 설정 17
2. 환경규제의 수단 19

제 3장 환경정책의 실패와 환경규제 개혁 동향 44
제1절 정부 및 정책 실패의 의의 44
제2절 환경규제정책과 정부의 실패 46
1. 환경정책 수립과정과 정부의 실패 46
2. 환경정책 집행과정과 정부의 실패 50
3. 환경정책의 평가 및 환류와 정부의 실패 53
4. 종합평가 54
제3절 주요국가의 환경규제 개혁 추진동향 평가 55
1. 환경규제개혁에 대한 논의 동향 55
2. 미국 57
3. 네덜란드 61
4. 영국 65
5. OECD의 환경규제개혁의 대안 68

제4장 지속 가능한 발전과 환경규제 정책방향 73
제1절 환경정책의 궁극적인 목표에 대한 재인식의 필요성 73
제2절 지속 가능 발전론의 전개와 의의 75
1. 배경과 발달과정 75
2. 지속 가능한 발전의 개념 78
3. ICLEI의 지속 가능한 발전 80
제3절 지속가능성의 개념과 기준 82
1. WCED의 시각:경제사회학적 관점 82
2. 자연과학적인 관점 83
3. 경제학적 관점:티텐베르그의지속가능성원리와기준 86
제4절 환경규제에 대한 지속가능성 체계와 정책방향 89
1. 환경규제에 대한 지속가능성 체계 접근 89
2. 환경정책의 기본목표
: 환경권 보장으로 환경정의의 구현 94
3. 환경관리 대상의 선택
: 생태관리개념으로 체계적 접근 95
4. 환경정책의 결정 및 집행
: 민주적 협업체계의 구축 활용 98
5. 환경정책수단의 활용
: 유연성 규제수단과 환경정보의 공개 99
6. 환경규제개혁의 제도화
: 규제의 지속가능성 평가와 법규?행정개혁의 추진 101
7. 환경규제개혁의 기준과 대안: 예시 102

제5장 우리 나라 환경규제 실태와 규제개혁 평가 104
제1절 환경규제 체계 104
1. 개관 104
2. 환경기준 및 정책목표의 설정 105
3. 주요 환경정책 수단 107
제2절 환경규제개혁의 추진실태 평가 115
1. 정부 규제개혁의 배경 및 현황 115
제3절 환경규제개혁 추진상황 및 평가 128
1. 환경규제개혁 추진목표와 방향 128
2. 환경규제개혁의 추진실적 131
3. 환경규제개혁의 평가 135

제 6장 지속가능한 발전을 위한 환경규제 개혁방향 143
제1절 기본방향 143
제2절 환경권의 실질적 보장을 위한 규제의 강화 145
1. 사전예방과 환경기준의 강화 145
2. 환경피해 보상제도의 강화 146
3. 환경정보의 공개 및 공유체계 강화 147
제3절 환경규제의 유연화와 효율성 제고 148
1. 산업생태학적인 환경정책으로의 전환 148
2. 환경규제의 유연화 작업의 지속 추진 149
3. 자율적인 산업환경관리체계의 강화 150
4. 환경사범에 대한 처벌의 강화 151
제4절 환경관련 정책의 녹색화 152
1. 경제체계의 효율성 제고와 녹색화 152
2. 각종 개발 정책의 녹색화 153
제5절 환경규제 정책관련 제도의 정비 154
1. 규제정책 평가 및 환류 기능의 강화 154
2. 환경법 및 관련 법규의 통?폐합 154
3. 환경행정조직과 기능의 정비 155

제 7장 요약 및 결론 157

159


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