오염토양정화기금의 도입과 설계

초록

Often perceived as a burden to businesses and the government, establishing the Fund to clean up contaminated soil has long been considered a taboo. However, to ignore the need to create the fund completely in the face of worsening soil contamination isn't right. The establishment of the fund will, above all, enable effective response to past soil pollution and expensive cleanup costs. There has been a number of cases in which the cause of contamination is not found, or orders to cleanup the contaminated soil are not issued even when severe impairment had been verified. In most cases, it was because we could not identify those who were responsible due to the obscure nature of polluters, polluter’s financial problem and the absence of responsible parties. The cleanup project needs to be initiated urgently, and it will be a very long scheme. In order to support the project, a stable financial ground and flexible management of the fund is indispensable. The flexibility and stability of the Fund to clean up contaminated soil does not fall below the requirements that need to be fulfilled in order to justify the fund's establishment. That is so even compared to 67 other funds run by the government or the environment ministry. The primary resource of the Fund to clean up contaminated soil will be the charge. It is important that when we design the method of imposing charges, we try to induce prevention or abatement of contamination in the process. Those subject to charges must fit in the category of the polluter pays principle and must have high probability to soil contamination. In this respect, we must not leave out substances that cause soil contamination. Those who manufacture or import basic oil component that becomes the foundation of oil and chemical materials that are highly linked to soil contamination must also be considered potential targets of the levies. Facilities that cause soil contamination and installers of those facilities may also become alternative targets. It is time to consider the establishment of the Fund to clean up contaminated soil given the growing needs and validity. Government should be able to play a leading role in soil contamination with the help of the fund and no longer stumble in making positive actions to cleanup its lands. The fund does not only satisfy needs(for example, support by nation) which is required by law but also reduces the possibility of constitutional violation resulting from placing excessive responsibility on responsible parties.

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