폐기물과 순환자원의 법적 개념의 변화와 적용 = Change and Adaption of Legal Concepts about Waste and Circular Resources

다국어 초록 (Multilingual Abstract)

The international society has come to change the paradigm of solid wastes management. Solid wastes was deemed to discarded materials for a long time everywhere in the world. Nowadays, many advanced countries of OECD like Germany, Japan, United Kingdom and U.S.A. has taken steps to adapt their waste management system into recycling-friendly society. Korea has also taken steps so far to change the waste management paradigm. Korean government introduced so-called the producer liability into the Save of Resources and Acceleration of Recycling Act of 1992 and the Revision Act thereof 2002. The Save of Resources and Acceleration of Recycling Act of 2008 adopted the concept of sustainable circulation of resources and the principles to execute this concept. But it is yet unsatisfactory that the concept of discarded material which consist of the concept of abandoned or disposed of reign over the concept of circular resources, that is, material capable of reuse or recycling in the environmental legal system. The recycling concept, for example, is yet explained by way of the waste concept as following: the circular resources in the statute has the meaning of the useful things among wastes etc. For the purpose of new paradigm toward sustainable society, the concept of waste and circular resources should be defined again and separately. The definition of circular resources in the statutes concerned should be changed into like this: the circular resources means materials or energy having economic values to re-product, re-distribute or re-consume among garbages, by-products or discharged materials accompanying to economic activities like production, distribution or consumption of goods or services. As a result of this definition about circular resources, the definition of waste in the statutes concerned should also be changed into like this: the waste means discarded material or energy without economic values among garbages, by-products or discharged materials accompanying to economic activities, or material or energy very difficult to recycle or reuse, even if it has some economic values. There are several sections of statutes concerned which should be revised afterwards to harmonize each other according to such change of definition.

참고문헌 (Reference)

1 전재경, "현행법제개선방안연구(Ⅳ): 쓰레기 관리법제"

2 전재경, "해양투기 폐기물의 매체간 통합관리 및 절차적정화 연구"

3 "폐기물관리법 판례집"

4 이남웅, "폐기물관리 규제 개선방안 연구"

5 "폐기물 해양 배출제도"

6 김연태, "폐기물 개념 및 분류ㆍ처리체계-독일의 순환관리 및 폐기물법을 중심으로-" 한국환경법학회 25 (25): 2003

7 "청정생산 기술개발 보급사업 중장기계획"

8 박해경, "제재조 및 지속가능제품개발 국제심포지움"

9 오용선, "제1차 국가폐기물관리 종합계획에 대한 평가와 대안"

10 신방섭, "자원 리싸이클링" 전남대학교 출판부 1993

11 "Waste Strategy 2000 : England and Wales"

12 J. B. Ruhl?John Copeland, "The Practice and Policy of Environmental Law"

13 "ISO環境法 [改訂第5版]"

14 "Explanatory Notes, Waste and Emissions Trading Act of 2003, the U.K"

15 Jane Holder?Maria Lee, "Environmental Protection"

16 Kathryn L. Schroeder, "Environmental Law"

17 Steven Ferrey, "Environmental Law"

18 홍준형, "?환경법?" 박영사 2008

19 박균성, "?환경법?" 박영사 2008

20 "?자원순환경제 사회와 지속가능한 지구?"