토양환경보전법의 토양오염 관련 주요 용어의 정의 및 재정립에 관한 고찰 = Suggestion for Legal Definitions of Keywords on Soil Contamination Policies in Korea

다국어 초록 (Multilingual Abstract)

In order to properly define the terms such as soil, soil contamination, soil contamination site and remediation, which are the key terms under the Soil Environment Conservation Act(SECA) in Korea, we analyzed the legal definitions of the similar key words in legislations of the developed western countries. The selected countries were the United States of America, the United Kingdom, the Netherlands, Germany, and Denmark. The legal definitions of these keywords were very much diversified due to different levels of soil contamination, as well as different industrial, social, and legal backgrounds in each country. However, fair suggestions for definitions of the key terms in SECA were derived from the comparative analyses of these countries. First and foremost, SECA should provide a definition of ‘soil’ which includes a concept of the natural soil layer produced from soil mineralization processes. Groundwater and sublayer of the groundwater would be excluded in the boundary of the soil with regards to the Groundwater Act of Korea. Definition of ‘soil contamination’ of SECA should include a concept of risk assessment(soil contaminants, pathway, and receptors), purpose of land use, and the acquired limitation levels of soil contaminants. Soil contamination activity either industrial or anthropogenic in SECA article2-1, could be substituted for a concept of soil risk assessment. Definition of ‘soil contamination site’ could derive from amalgamating the concepts of i) soil contamination in conjunction with contaminants, ii) risk assessment, iii) a concept of land use, and iv) knowing limitation of contamination site designation. Definition of ‘remediation of contaminated site’ should include the objective, intention, action, methodology and limit of the remediation. These suggested definitions would increase the efficacy of soil environment conservation policies, which includes the survey of the potentially contaminated area, remediation, and removal of the site.

참고문헌 (Reference)

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