'環境正義'의 法的 實現에 관한 硏究

Abstract

In a modern society which is characterized as Risk Society, environmental problems are regarded as significant as it threats our future. Inevitable problems, such as results from development of industries, and disputes about who should be burdened by those results continue. People who attempt to solve those disputes have been concerned that the risk is distributed in a discriminatory way. The reason for environmental inequality is not clear as of yet, but what is clear is that environmental inequality is related with complex social, racial and ecological elements. The product coming from that attempt is "Environmental Justice" and it has an history not so long. In America, it started from the racial conflict on siting of LULUs(Locally Undesirable Land Uses) in the 1970 s. And the serious discussion in legal context started in the early 1990 s. But in Korea, the term "Environmental Justice" is not yet popular in legal area, even though environmental activists in Korea have had a great interest. But in Korea, gravity of conflicts on the siting issue is increasing. Hot controversies on "Environmental Justice" in U. S. A are not merely the problem in another country and another culture that is far from Korea. Moreover "Environmental Justice" raise questions and answers on universal justice . In my thesis, to get suggestions for solving problems on environmental justice in Korea, I will treat controversies in the court and outside the court of America, specifically Congress and agencies. Of course, I will also analyse legal facts, cases and legislative controversies in environmental justice similar to those in America. In America, environmental justice litigation strategies have focused on the Equal Protection Clause of the Fourteenth Amendment and more recently, Title VI of the Civil Rights Act of 1964. But for the plaintiff s insurmountable burden to show that a "discriminatory purpose was motivating factor", environmental laws which focus on procedure or mandate public participation are regarded to be important in challenging environmental injustice. Then to supplement the insufficiency of litigation strategies, several legislations have proposed in Congress from 1992. But after repeated failure in Congress, President Clinton issued Executive Order 12,898 entitled "Federal Actions to Address Environmental Justice in minority populations and low income populations." Yet the fruit of that Executive Order is not seen distinctly. Paying attention to the legal study in U. S. A as cited above, I will also try to find legal foundation in Korean Constitution. This study would be about environmental right , equal right , and due process . In analysing cases and reviewing the legislative policy in environmental justice context in Korea, I will introduce recent cases and controversies on the amendment of "Environmental Policy Framework law" of last year. In conclusion, in frameworking the environmental justice in legal sense, especially participation , environmental value and equality are most important issues. Because the environmental justice issue is about the contradiction inherent in modern society s system, therefore we must create special legal measures encouraging participation and better distribution of environmental hazards, and must not forget that both the starting point and last means are ceaseless monitoring, participation and criticism coming from grassroot democracy.