방치폐기물에 대한 규제

초록

IMF incident, took place in 1997 forced us to experience chaos including abandoned wastes problem. Bankruptcy of corporations who dealt with industrial wastes for the profit or produced wastes, resulted in nationwide abandonment of wastes causing environmental problems which include soil pollution, underground water pollution, and so forth. It was difficult to verify who is a polluter, even though the polluter could be found, it was difficult to impose liability on him because of his poor financial problem. Such situation required to take positive action to prevent abandoned waste problem. With this situation in mind, on February 8, 1999, Amendment to Waste Management Act introduced new systems which include, among others, the Guaranty of Abandoned Waste Disposal, the Succession of Predecessor's Obligation to Dispose Waste, and the Order to Take Necessary Measures, which all were potential and effective means to prevent waste problem. However, related provisions provide post-hoc solution against national emergency situation. Now unclear provisions would provoke unnecessary disputes between parties involved. Controversy over who is the responsible party and what is liability coverage would become intensive. Furthermore, the legal system has some loopholes as follows: There is no means to solve abandoned waste problem which took place before the Act took effect; The Guaranty of Abandoned Waste Disposal excludes waste producing enterprisers who contribute to abandoned waste problem significantly;

키워드