국제환경법상 오염자부담원칙의 우리나라 환경법에의 수용 = Incorporation of Polluter-Pays Principle in International Environmental Law into Korean Environmental Law

다국어 초록 (Multilingual Abstract)

Incorporation of Polluter-Pays Principle in International Environmental Law into Korean Environmental Law Park, Byung Do The contemporary idea of the polluter pays principle(PPP) was development by the OECD in preparation for the Stockholm Conference in the same year. The definition by the OECD enlightens not only the fundamentally economic nature of the principle but also emphasizes the adoption of free market private incentives in opposition to governmental subsidies for the protection of the environment. This principle is based on the idea of ubi emolumentum, ibi onus(the one who takes the advantages of action shall bear the disadvantages related to it). PPP also serve to make the polluter liable for costs that could not have been avoided through preventive measures. PPP is an internationally recognized environmental policy principle. However, to implement the principle is not without problems. This paper is taking account of the polluter-pays principle as a general principle of international environmental law. Now there are many international environmental conventions(multilateral environmental treaties). Contracting Parties shall apply the polluter-pays principle, by virtue of which the costs of pollution prevention, control and reduction measures are to be borne by the polluter. In this paper, I analyze firstly one of the general principles of international environmental law, the concept of polluter pays principle related to pollution, specifically information and its legal effects, etc. And this article focus on this proactive pollution pays principle can be applied directly in this country that has a direct effect or whether to also analyze the report, based on this principle of international environmental law on the burden of pollution of the environment-related legislation currently in Korea Environmental Laws what exactly is being implemented that reflect the acceptance or will be discussed. In this paper, effective implementation of international environmental law in terms of domestic application and respect of international law principles of legal theory and pollution burden of domestic environmental laws is to analyze the status of acceptance. The purpose of this paper is the foundation of international environmental law norms that make up the environmental management polluter pays principle applies to domestic issues and the principles of environment-related legislation in the country, reflected in any content, or to seek opportunities that are housed.