물정책과 법 ; 물관리기본법의 제정 필요성과 그 방향 및 내용 = Analysis on Necessity of Basic Water Law

다국어 초록 (Multilingual Abstract)

Water is essential not only for lifes including human being but also for economic development as water resources. Its efficient and environmental friendly use are critical to Korea, one of water shortage countries. Environmentally sound and sustainable development is required to management of water resources. Even though more than 15 acts regarding water exist, no umbrella act which controls and harmonizes those acts. Therefore, it is said that a kind of basic water act is necessary for handle water resources problems which is from &verse legal systems and governance authorities. But, it is also difficult to have the act not only because it is so time-consuming task to make a collection of all water related acts but also because it is also political issue where to give the authority, Department of Environment or Department of Construction and Transportation. This article suggests that it is reasonable to enact a coordnating law which settles different policy and plans rather than to make a whole new water act like England and Wales. As a matter of facts, a coordinating system has been in the current government system. Water Management Policy Coordinating Commission under the Prime Minister was established in 1999; however, for some reason, it have not played successful role as expected in coordinating different water policy. This article makes a recommendation that it is reasonable to make up currents problem of the Commission rather than to provide a third alternative with recommendations to strengthen the Commission such as upgrading its legal status from temporary organization without legal established basis to permanent legal organization, providing strong authority to control different policy with enforcement measures, and supporting from civil society through public participation such as citizen suits system. This article enumerates components of a basic water management act. First, basic value of the law is provided as sustainable development which is including principle of responsibility for future generation (inter-generational equity), the principle of social and economic equity: intra-generational equity), and the principle of ecological equity or ecological sustainable principle. Next, basic principles also must be established in the law, and they are a main subject of management, management ways including master plan which encompasses or coordinates many plans, and management costs including polluter pay principle, manager pay principle and beneficiary pay principle. finally, it is also important to improve fact information system including to collect, to make database, and to manage for efficient sharing.