환경정의 관점에서 본 도시계획,개발법제의 몇 가지 쟁점 = Several Issues with Urban Planning and Development Related Legislation as Seen from the Perspective of Environmental Justice

다국어 초록 (Multilingual Abstract)

dustrialization and urbanization as its driving power. With the 1st National Land Comprehensive Plan in the 1970s, we pursued industrialization by adopting a hub development plan that mediated industrial complexes and promoted urbanization by building new cities in Seoul metropolitan region through massive residential land development. The rapid industrialization and urbanization, however, caused adverse effects such as overpopulated big cities, environmental destruction, as air and water pollution. Also, urban development basically proceeded while not sufficiently considering harmony between nature and humans and environmental justice designed for social justice. As our living environment is among the factors that determine the quality of life, it should be unjust and unfair to overly expose specific groups to costs or benefits related to productive activities. While social justice and environmental justice do not necessarily match, an environmentally unjust use of resources is socially unjust, too. All citizens should be guaranteed minimum right to environment, while environmental benefits for the majority must not be discarded in the interests of a minority. So, the state must ensure that national people are not subjected to unreasonable discrimination through urban development with respect to environment in all the areas of politics, economics, sociology, and culture for any reasons such as regions, population, and income level. The government must make sure that the involved benefits are widely shared and handed down to future generations. The study is designed to review urban planning and development related legislation with respect to environmental justice and form a discourse from the perspective of environmental justice with a focus on the latest issues arising in urban development. It is known that the erstwhile studies on urban planning and development as conducted from the perspective of environmental justice have steadily gone on in various areas such as public administration, urban planning, sociology, geology, and environmental engineering. In this study, in particular, I have treated several issues from the perspective of environmental justice with a focus on the issues related to urban planning and development that have arisen in the wake of the inauguration of the Park Geun-hye administration. Key issues include New Plus housing in the Green Belt, landfill sites in Seoul metropolitan region, Happy Home supplied on old railway sites, universal right to a view, and compensation for environmental damage in areas around public benefit projects.

참고문헌 (Reference)

1 이용우, "환경친화적 국토발전을 위한 전략 연구" 국토연구원 2001

2 전재경, "환경정의의 법적과제" 한국법제연구원 2000

3 권해수, "환경정의와 환경정책" 1999

4 토다 키요시, "환경정의를 위하여" 창작과 비평사 1996

5 이상돈, "환경정의론에 관한 연구" 법학연구원 30 (30): 75-93, 2006

6 고문현, "환경권에 관한 연구" UUP(울산대학교출판부) 2005

7 조홍식, "환경구제법 소고" 21 : 1999

8 권영성, "헌법학원론" 법문사 2007

9 노상환, "우리나라 환경법령체계 정비방안에 관한 연구" 한국환경정책·평가연구원 1998

10 국토교통부, "용적률 높이고, 복합용지 늘려 도시첨단산업단지"

11 이경재, "수도권매립지, 어떻게 활용할 것인가? - 사용종료 매립장 활용방안 -" 2007

12 오준근, "삶의 질 향상을 위한 주택건설관계법제 정비방안연구" 한국법제연구원 2002

13 이혁주, "도시의 확산 억제 정책수단의 효율성과 형평성" 한국행정학회 44 (44): 291-308, 2010

14 대한국토·도시계획학회, "도시계획론" 보성각 2003

15 전성우, "국토환경관리정책 변화와 개발제한구역의 지속가능한 관리 방안" 한국환경정책·평가연구원 2013

16 조명래, "개발국가의 환경정의: 한국적 환경정의론의 모색" 한국환경법학회 35 (35): 69-111, 2013

17 국회예산정책처, "2014년도 예산안 부처별 분석 Ⅳ" 2013

18 국토교통부, "2013년도 국토의 계획 및 이용에 관한 연차보고서" 2013