環境正義論에 관한 연구

• 영문명: A Study of Environmental Justice Theory
• 발행기관: 중앙대학교 법학연구원
• 저자명: 李相敦(Lee Sang-Don)
• 간행물 정보: 『법학논문집』法學論文集 第30輯 第1號, 75~93쪽, 전체 19쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.08.30

영문 초록

  In 1999, the Ministry of Environment tried to incorporate the environmental justice doctrine into the Korean environmental law and policy by amending the Basic Environmental Policy Act. Though the Ministry"s attempt to amend the Act failed, the basic assumption that the environmental policy should particulary take into account the socially and biologically inferior class is deep-trenched into the mind of the environmental officials.
  The article intends to introduce and analyze the origin and development of the environmental justice movement and the legal and institutional framework of the environmental justice doctrine in the U.S. and the debate on the merits of the environmental justice issues. It also tries to analyze the policy implication of such debate for Korea"s environmental law and policy.
  Though the idea of the environmental justice seems attractive, it has on the wrong factual foundation. Researchers found that there is no solid finding that the environmental decision-making was affected by the race matter. Poverty and racial equality should better be handled separately from the environmental policy.
  However, it is strongly recommended that environmental policy should be fully open to local community and the decision-makers should consider possible negative impact upon the minority community. However, if the policy-makers try to input race and other class issues into the environmental policy arena, it could bring unwanted side-effects by detracting true issues and blurring the main problem. It should be a major lesson to be learned from the experience of the U.S.

목차

Ⅰ. 머리말
Ⅱ. 미국에서의 環境正義論의 대두
Ⅲ. 클린턴 행정부의 環境正義 정책
Ⅳ. 民權法과 環境正義論
Ⅴ. 環境正義論에 대한 비판
Ⅵ. 부시 행정부에서의 環境正義論
Ⅶ. 맺음말
〈Abstract〉

키워드

환경정의(environmental justice) 환경형편(environmental equity 환경정책법(environmental policy) 미국 환경보호처(U.S. Environmental Protection Agency) 환경정책기본법(Basic Environmental Policy Act)