환경지도,단속 업무의 현황 및 향후 정책방향 = Environmental Inspection and Control - Present State and Policy Direction -

다국어 초록 (Multilingual Abstract)

To produce satisfactory results of the regulations in the environmental law, it is necessary to monitor if the regulations are implemented properly and to enforce it if they are not implemented. So, as a concrete measure of monitoring and enforcement, to ensure the effectiveness of environmental inspection and control. At present, the Ministry of Environment and local governments are splitting up the inspection and control duty over establishments, especially the plants discharging pollutants. But, since most of the inspection and control duty has been transferred to the local governments with the full operation of self-governing system, the regional offices of the Ministry of Environment now take charge of extremely small portion. However, many questions has been raised if this division of duty is appropriate, because some local governments`` performance in this field has been very poor. In this thesis, I presented several policy directions to be considered in the future, based on the evaluation of present state of inspection and control duty. In Korea, it becomes an important task in the environment management to ensure the implementation of environmental law by effective inspection and control system which can achieve high-level environmental protection and be compatible with sound economic growth. To respond this task effectively, it is important to make the division of the duty between Ministry of Environment and the local governments more efficiently to realize the anticipated result, to promote the industrialists`` environmental consciousness and will to keep the environmental law through the strengthening of economic disincentive, and to lead the citizen to report the violation of the law polluting the environment. Besides, to achieve the object of environmental policy effectively and efficiently, an endeavor to improve the consistency in the enforcement of environmental regulations across the nation is also required.

참고문헌 (Reference)

1 고문현, "환경특별사법경찰제도 개선방안에 관한 연구" 환경부 2009

2 김종순, "환경오염행위 감시 단속 활성화 방안 연구" 한국정책학회 2012

3 양재문, "환경오염물질 배출업소 환경감시 정책 방향" 환경보전협회 2010

4 환경부, "환경 30년사"

5 한승연, "협력적 행정과 행정지도" 한국행정학회 2008

6 이승민, "행정지도의 개념과 실제 ― 공정거래법상 부당한 공동행위와의 관계를 중심으로 ―" 행정법이론실무학회(行政法理論實務學會) (38) : 49-81, 2014

7 환경부, "“환경오염 행위 꼼짝마!” 환경부, 환경기동단속반 출범"

8 Stavins, Robert N, "Public Policies for Environmental Protection" RFF Press 2000

9 Mulkey, Marcia E, "Judges and Other Lawmakers: Critical Contributions to Environmental Law Enforcement" Spring 2004

10 Mazur, Eugen, "Environmental Enforcement in Decentralised Governance Systems: Toward a Nationwide Level Playing Field" OECD Publishing 2011

11 OECD, "Ensuring Environmental Compliance : Trends and Good Practices" Organisation for Economic Cooperation and Development 2009

12 환경부, "2015년도 환경부 업무계획 워크숍 자료집"

13 환경부, "2014년도 환경오염물질 배출사업장 관리 우수지자체 7곳 선정"