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A Legislation Model of the Korean Environmental Law : Focusing on the German Environmental Law

  • Public Land Law Review
  • Abbr : KPLLR
  • 2009, 46(), pp.339-358
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Sung Kyoung Ahn 1

1국회도서관

Accredited

ABSTRACT

In Germany there are many codified laws such as the Code for Civil Law (BGB), which, when the idea of its codification was first introduced, caused heated discussions for and against it, but now is proven to be useful. So does the codification of Environmental Law in Germany, which has been progressed since the 1980s with intense discussion of its use. However, the House of Representatives of the German Parliament (Bundestag) could not pass the resolution for the Code for Environmental Law (UGB), supposed to be promulgated in February 2009, which becomes a huge setback. According to the Minister of Federal Department of Environment, Ms. Sigmar Gabriel, the reason for this failure was that at that time, there was disagreement between CDU and SPD at the council level and she was optimistic that there would be a new council to be formed in the Parliament so that this proposal for codification would be passed through the Parliament. The codification of the current Environmental laws, both federal and every 16 states, is evaluated as meaningful in Germany, despite the fact that there are still serious conflicts, oppositions and many inherent problems ahead . In the meantime, the Korean Environmental Law was started in 1963 as the Environmental pollution Act, a single law laying out the groundwork for the future legislation on the environment. Today, multiple codes have been enacted such as the Environment Conservation Act in 1977 and Environmental Policy Act in 1990. Note the plural codes system has organized the contamination by each kind and each measure and sorted contaminants systematically. Therefore, this approach has been assessed as effective to overcome rigidity and to take concrete and timely measures. However, there are still issues to be resolved: the uneven distribution of the regulations, and the dual-regulation problem, the lack of systematic uniformity. Today, with the development of environmental law in South Korea, the discussion on the uniform codification of environmental laws becomes active and it is now timely to bench mark the progress of such development in Germany.In this paper, with an overview of the development and the progress of German environmental codes, we will discuss integration process which gives us the direction on how to deploy the future legislative efforts in Korea.

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