環境權의 展開와 確立 = Development and Establishment of Environmental Right

다국어 초록 (Multilingual Abstract)

This article attemps to make a legal approach to inquire into some environmental problems from the viewpoint of the establishment of environmental right. Therefore, this article aims to establish the right by examining the background, development and the theory of environmental law. The effects of environmental right limit their range to those of legislation and administration.
As the aspect of today's environmental pollution or devastation is complicated and diversified, the environmental problems are becoming more serious and have outgrown the function of the conventional civil law principle. This is why the conventional law principle has to be corrected and give rise to the need of environmental right. This right will make possible the pleasant environment and a healthy life in it. This is an inborn, individual right as the fundamental human right. This right to protect the environment from devatation and pollution rests on the ideology of the superiority of human being over economy and on the absoluteness of the protection of the human being's health.
Therefore, this environmental right can be said to be the one to make possible a lawsuit only with the regulations of Constitution.
The approval of the environmental right works as a guiding doctrine for the preservation of a healthy and delightful environment in the aspect of the effects of legislative policy of environmental pollution.
As a result of the comprehension of law principle, this approval of environmental right offers some ground for the obligatory suit in the administrative litigation, and for the request of the compensation for damage resulted from the violation of the environmental right.
But, in fact, the legistative or administrative power is no longer able to cope with the environmental problems, neither helpful is the juridical relief to their solution owing to its restrictions.
Thus the future of the environmental right has no other choice but to be development positively on the legislative or administrative measure inclusively considering the preservation and recovery of environment the welfare and health of the individual resident.
So far as the juridical relief is concerned, ahead lies the task to construct the new legal technique for the preseration and recovery of environment.

목차 (Table of Contents)

• Ⅰ. 序論
• Ⅱ. 環境權展開의 背景
• 1. 環境危機의 生態學的認識
• 2. 環境共有의 法理
• 3. 公害法理의 社會法的 修正
• Ⅲ. 環境權論의 展開
• 1. 美國
• 2. 日本
• 3. 韓國
• Ⅳ. 環境權의 確立
• 1. 環境權의 意義
• 2. 環境權의 主體
• 3. 環境權의 內容
• 4. 環境權의 性質
• Ⅴ. 環境權의 公法的效果
• 1. 行政의 指導理念의 轉換
• 2. 環境法制에 의 影響
• 3. 環境權과 行政訴訟
• Ⅵ. 結論