물관리기본법의 평가와 그 과제

초록

The Framework Act on Water Management, which was enacted on June 12, 2018 as part of an initiative to unify water management, has provided a new milestone through providing ground rules needed to operate the National/Watershed Commission on Water Management, establish plans such as the Framework Plan for National Water Management (FPNWM) and the Comprehensive Plan for Watershed Management (CPWM), and to adjust disputes related to water. Still, there is a long way left to go in order to reach true integration in managing water resources. A number of ambiguous and ineffective regulations - though they may be considered typical flaws of all basic lawscontinue to be found in the Framework Act. The Act also lacks consistency with other related laws, making it somewhat insufficient to be cited a top framework act. For example, the role and function of the National/Watershed Commission on Water Management remain limited, and plans such as the FPNWM·CPWM and other water related plans tend to overlap one another. The vagueness in defining what is and is not subject to water disputes and weak force of the decision, and the lack of linkage to other law and policy are also examples of what needs to be improved. Thus, there is a need to consider revision of the current Act, despite the fact that it was enacted quite recently. Such need is imperative not just because the water management issue is an imminent problem, but also because it would affect decades and generations to come. While it may sound unrealistic and unreasonable to amend the Act that has just been enacted, an interim review of at least some parts of the Act that needs revision would still be deemed meaningful. That is because the Act would need to be amended in any way in order for it to soft-land and function well. The direction is clear, and that includes the strengthening of the Commission’s role and function(clarifying legal status as national agency, enlarging authority, ensuring independent budget), enhancing efficiency in laying out the FPNWM and the CPWM(change of establisher of FPNWM, integration of duplicated plans), clarifying the subject of water dispute adjustments and ensuring effectiveness of the decision(providing legal force to adjustment), and improving legal systematization and the coherence among related laws and systems(provision of linkage with related laws and regulations).

키워드