環境計劃과 國土計劃 法制 統合에 관한 硏究

환경계획과 국토계획 법제의 통합 방안을 연구했다.

Since the industrial revolution, all countries, including without exception our country, have been confronted with environmental problems as a by-product of the progress. As a result of national syndrome of both the growth-oriented economic and development-oriented policies since the 1960s, our country begun to be ravaged with the measles, environmental pollution symptoms emerged in the 1990s. Therefore, the autonomity for an environment became to be guaranteed to the maximum rather than an unconditional and unilateral development plan or policy.

In addition, the establishment of new environmental planning & policy and of National Physical Planning & policies that can improve ‘well-being’ of people was required determinedly. Accordingly, this thesis aims to suggest a method that can achieve the low-carbon & green-growth purpose of the Lee Myung-bak government based on the integration of environmental and National Physical Planning legislation. In order to integrate both environmental and National Physical Planning, my thesis proposes 3 preconditions as follows:.

At first, what is suggested as one method is the integration of administrative organizations which are consisted of such as There are the Ministry of Land, Transport and Maritime Affairs and the Ministry of Environment. As their integration ways, there are 1:1 integration(the Ministry of Land and Environment(tentatively named)), partial integration and a establishing a planning organization including the existing organization. This thesis suggests either an administrative committee system or a distinguished service minister system as a method for establishing a new planning organization by making the existing organizations maintained.

The present thesis selected the former between the ways as a solution. The administrative committee could be newly established, and there is a method utilizing the present green growth committee. In this case, the character of the administrative committee should be given not a consultative body but an organ of consultation. Secondly, There is a way of planning integration, that is that of between the comprehensive National Physical Planning and the comprehensive environmental planning. As its possibility of the integration, the similarity of a basic principle, the uppermost property of comprehensive planning and the similarity of establishment procedure, etc. can be named.

Thirdly, it is the integration between planning and law. This can be regarded as the core of this thesis. There are the Basic Land Act and the Basic Environmental Policy Act as the planning law. The reasons that the Basic Land Act and the Basic Environmental Policy Act can be integrated are as follows: First, it is laws that become a basis of the land and the environment. Second, it has a similar basic goal and a basic principle. Third, it is guideline-like laws. My study aims to propose the ‘the Basic Land & Environment Act’.

It will be great if this thesis will be helpful by become a stepping stone for the future environmental planning and National Physical Planning research in terms of suggesting integrated laws capable of achieving harmony between development and preservation.