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A Study on the use of River Water in the Public Law

  • Public Land Law Review
  • Abbr : KPLLR
  • 2009, 44(), pp.107-130
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

PARK KYUN SUNG 1

1경희대학교

Accredited

ABSTRACT

To regulate the use of river water is not appropriate by the civil law and should be governed by the public law from the light of public interest. It is proper to abolish the clauses on the rights of using river water in the civil law and replace it with the use permission in the water law. In addition, it is necessary to regulate the management and use of river water separating from the river management by the independent law. For the appropriate water management, it is desirable to make report the rights of using water customarily, and to gradually replace it by the permitted use license. If a restriction on the rights to use water makes special damage, they should adapt measures for rights such as compensation, a change of permitted rights to use, and progress regulations. The laws on the distribution of river water should be developed systematically. The standard of the water distribution is very abstract and ambiguous in the river law. It is necessary for legislation to clarify the standards and principles of water distribution. They should be collected fees for the use of river water in principle. In the case of the use by permission for river occupation and use, fees shall be levied. In addition, it should be more clarified the kinds of fees charged by the Korea Water Resources Corporation and the charge standard. A extra drought can force the vested water rights customarily and permitted water rights not to practice. In this case, written provisions are needed how the department of water management can respond to these cases, and adjust the vested water rights.

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