미국의 역외군사시설에 관한 환경보호법제 = 기지반환에 따른 제문제와 관련하여

다국어 초록 (Multilingual Abstract)

Korean and the U.S. governments have been discussing on details surrounding the returns of the U.S. military bases since May 2005. However, the discussion is at a deadlock due to conflicting opinions between parties. Korean delegation argues that the U.S. Forces in Korea should burden to delete polluting factors in accordance with the ‘polluters pay principle’ and the ‘Tab A to the Joint Environmental Information Exchange and Access Procedures’ in 2003. However, based upon the provisions in the ‘Memorandum of Special Understandings on Environmental Protection’(hereinafter the ‘Special Understandings’), the U.S. delegation disagrees on the opinion of Korean delegation. In other words, under the Special Understandings, the U.S. Forces in Korea is responsible only when there is a clear and present danger to human health, and it is difficult to find such an eminent danger in the present issues.
In particular, this article examined the U.S. laws, and the author concluded that the U.S. laws can apply unfavorably to hosting countries due to the lack of concreteness of the related legal standards. In addition, the passive attitude of the U.S. government on environmental harms by U.S. forces in foreign countries to minimize the environmental recovery payment is one of the reasons of spreading environmental conflicts between the U.S. forces and hosting countries.

목차 (Table of Contents)

• Ⅰ. 들어가는 말
• Ⅱ. 미국의 군사시설에 대한 환경보호기준의 법적근거
• Ⅲ. 역외군사시설에 대한 환경보호정책
• Ⅳ. 맺는 말
• 【참고문헌】
• 【Abstract】