Korea tried to regulate through each individual law for the above water shortage and the management and protection of water, but the voice for the enactment of more fundamental laws grew louder. Therefore, in order to present the basic ideology of wat...
Korea tried to regulate through each individual law for the above water shortage and the management and protection of water, but the voice for the enactment of more fundamental laws grew louder. Therefore, in order to present the basic ideology of water management and the basic direction of water management policy and to regulate basic matters necessary for water management, the Framework Act on Water Management was enacted in 2019. Despite the enactment of the Framework Act on Water Management above, the rules on each repair right regulated by individual laws are not uniform, and it is still difficult to prepare and implement a unified policy for water, especially as the reinterpretation of customary water right and the permission w right under the River Act coexist without being integrated under the Civil Law. This study attempted to propose desirable system improvement through review of the relationship between the shared river water right and permitted water right and foreign legislation. As a result, considering the international trend of systematic and integrated management of water use by the state or government and that many countries adopt a permit system for water right, it was also appropriate for Korea to unify the reinterpretation of customary water right under the Civil Law and the permitted water right under the River Act. However, I think three prerequisites are necessary for unifying the water right under the Civil Law and the River Act. First of all, the status of reinterpretation of customary water right and practice water right must be accurately identified, in-depth discussions on how to integrate water rights are needed, and long-term studies on the revision and direction of neighboring relations regulations under civil law are needed. As for the method of integrating water rights, it would be good to refer to Japan's inclusion of conventional water rights in the River Act, the U.S. has recently set up water rights by mixing coastal and preemptive rights, and the German federal government's regulations on the withdrawal and compensation of practice water rights under the Water Management Act. We hope that studies that present specific directions and amendments to the law on the premise of integrating the reinterpretation of customary water right and the permitted water right under the River Act will continue, and we hope that through these efforts, systematic and integrated management of water will be possible and appropriate protection of water will be achieved.