물이용 관련 지방자치단체의 분쟁과 법적 과제

• 영문명: Related to Water use disputes and Legal challenges of Local government
• 발행기관: 한국지방자치법학회
• 저자명: 한상운(Han, SangWoon)
• 간행물 정보: 『지방자치법연구』13권 2호, 81~109쪽, 전체 29쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2013.06.30

영문 초록

Water conflicts between local governments are categorized into two main issues- cost and water right. Water rights to use are incomplete to resolve conflict because of the ambiguity of law principles and provisions. On the other hand, the value of water became diverse and complicated and the water desire of people is stronger. Serious water disputes rapidly, and the trend seems to be more intense. Therefore, to clarify the concept of water rights and need to establish that system is desperately needed. Both law prescribes the water rights. In order to understand the legal system of water rights, it is necessary to interpret the relevant provisions reasonably but also minimize the conflict of the system of both law. To improve water management system is necessary to enhance the effective utilization and management of water resources and respond to climate change effectively. In this respect, it is needed the basis of legal institution and council to resolve the conflict of water management concerning water sharing. In detail, 1. Establishment of legal system on water conflict 2. Ensure adequacy of regulation for the upstream 3. Conversion of water management system into river basin scale 4. Enactment of Framework Act for Water Management 5. Improvement of water use charge for the basin water management. In addition to improvement of water management system, further considerations are needed for the local government which are in charge of river management. Local government should be a substantial subject from legislative process to financial burden. As well as capacity building of the local government expertise to come up with measures need to be combined

목차

Ⅰ. 글을 시작하며

Ⅱ. 물이용 관련 분쟁

1. 분쟁양상

2. 수리권에 관한 분쟁

3. 비용부담에 관한 분쟁

4. 소결

Ⅲ. 물이용 관련 분쟁완화를 위한 법적 과제

1. 수리권 관련 분쟁해소를 위한 법체계 정립

2. 상류지역의 규제의 적정성 확보

3. 수자원관리체계의 유역단위로의 실질적인 전환

4. 물관리기본법의 제정

5. 유역단위 물관리를 위한 물이용부담금제도의 개선

Ⅳ. 결어

키워드

water right water use charge water management system water conflicts between local governments Water use disputes