ScholarWorks@숙명여자대학교

초록

The pandemic is also ringing an alarm about climate change. Under the current law, the regulatory system for air pollutants in Korea is overlapping and not systematic. In addition, the means for regulating the atmospheric environment are mixed and not unified. Tools related to environmental planning are established in individual laws, including the Framework Act on Environmental Policy, but the effectiveness of law enforcement is not guaranteed due to the scattered tools of environmental planning. Environmental planning plays a key role in not only preserving the air environment, but also in all environmental administration. But if these environmental plans are nothing but empty blueprints and no binding force, the effectiveness of environmental regulations cannot be secured. The German legislative system preserves the effective atmospheric environment, focusing on clean air plans and short-term action plans. For effective regulation of the atmospheric environment, it is necessary to unify and systematize planning tools. In relation to air environment regulations, it is designed as a system that imposes an emission charge in case of violation of the emission allowance standard, focusing on the total emission allowance system. These emissions charges have the nature of a kind of special fee, so constitutional justification must be secured. In recent years, environmental laws have introduced a “excessive emission penalty” in addition to discharge fees, but it seems to be a financial sanction that has nothing to do with the deprivation of economic benefits. It is also not appropriate to impose a modified penalty on emission facilities in general manufacturing industries. In addition to the traditional regulation by directive, it is necessary to introduce precautionary regulation measures. In recent years, the interpretation and application of laws and regulations are difficult due to frequent revisions of environmental laws and regulations, and changes in the names of laws and regulations. It is not desirable to expect the general public to easily understand laws that are difficult for experts to grasp. In the end, this phenomenon can undermine legal stability from the standpoint of the rule of law. In order to effectively regulate pollutants in the air environment, the structure of relevant laws and regulations must be systematized and the means of regulation must be unified.

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