수자원의 법적 성격에 관한 고찰 = A Study on the Legal Nature of Water Resources

다국어 초록 (Multilingual Abstract)

Because the water rights system and the management of water resources are basically performed by laws, the legal academia has to clarify the nature of water resources from legal perspectives. However, little interest has been given to it. Based on the critical mind on this academic neglect, this article analyzes water resources into the three legal characters as follows. First, water resources are natural resources that are the object of state management. And the use, the exploitation, and the development of water resources are performed under the state permission, according to Article 120 of the Constitution. Second, water resources as common resources are the public property originated from the Roman law, res communes. In this concept, the ownership of water resources can be vested in neither the individuals nor the state. They are the subject to all members of the state. Therefore, the state power as a trustee of water resources is limited only to manage them. Third, in the sense of public law, water resources are public good(Offentliche Sache). Therefore, water resources, regardless of surface water or ground water, are the properties dedicated to public purpose. And individuals can use them legitimately under the administrative permission.