환경오염시설 통합관리에 관한 법률의 평가와 과제

초록

There is need for a fundamental reconsideration of the environmental law system that has been differentiated over time. The efficiency of the environmental law has become abated due to the ramification of numerous laws. In addition, the integrated pollution prevention and control(IPPC) that has been mainly suggested by the European Union(EU) has required a new task of a centralized environmental law system. However, due to the practical hardship of a automated integration of decentralized laws, the recently made the Emission Facilities Integrated Management Act that tries at least to integrate the permitting procedure is considered a reasonable and practical legislating effort. The Act’s main feature is integrating the permission of the installation and management of discharge facilities, and posing a unified management of the source. The IPCC could be considered an advanced system as it minimizes the overlapping procedures of permit. It also provides a customized level of emission in accordance to the industry’s feature and the best available technology(BAT). Moreover, the system provides an advantage as it reflects social needs and mitigates the transfer of pollution. However, the Act is considered a legislation that is in the transition period. It is because the scope of application is limited to partial industry and emission facilities and BAT is not fully implemented. Moreover, management is somewhat vague and unsatisfactory. The process of introducing the IPCC is hard because it tends to fundamentally change the environmental law system that has been conventionally accustomed to the control in accordance to environmental medium. The Act could receive critique mainly from the industry. However, the critique is considered an unavoidable process that is shown in order for the embodiment of a successful system. The Act has some limitations. For example, the applicable type of industry is restricted and the regulatory system is complex. Also, the incentives provided to industry and facility involved are unsatisfactory, the process of selecting BAT and the short-term microscopic approach is problematic. In order for the IPCC to be properly applied with it’s maximized advantage, there has to be continuous amendments. The enlargement of the scope of the concerned industry is a good example. In the same line, among others, an increase of incentives, a proper selection of a efficient BAT and an elucidation of vague regulations has to be considered. Also, in the long-term, maintenance of the Act and other individual laws systematically without overlapping and contradiction, consideration of local environmental capacity, the connection with the control in total quantity, extensive application of BAT, protection of access of information, public participation in decision-making and access to justice in environmental matters, and transfer of authority to permit to local government is needed to consider.

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