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Legal Issues about Integrated Pollution Prevention and Control(IPPC)

  • Public Land Law Review
  • Abbr : KPLLR
  • 2010, 50(), pp.321-346
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

KIM, MIN HO 1 양은영 2

1성균관대학교
2글로컬 과학기술법 연구소

Accredited

ABSTRACT

Integrated Pollution Prevention and Control(IPPC) has become an idealistic environmental prevention concept in developed countries and corresponds to the principal of Industrial Ecology. The concept of emission regulatory integration is a key factor for an integrated environmental management system. While most EU member countries have a cross-media regulatory system, Korea has a media-specific regulatory system which was discovered to have many environmental management problems. The European Union has adopted the Integrated Pollution Prevention and Control (IPPC) approach to control the pollution problem and has prepared the Best Available Technique Reference (BAT, BREFs) for each medias. The purpose of this study is to integrate the emission regulatory system by solving the difficulties through procedural, organizational, and substantial analysis of integration. After reviewing the permit process of each law in Korea and related regulations of foreign countries on this study, we can identify the need for a improvement of the environmental pollution permit system in the short and long term. In order to this, the following ways have performed; the first is to determine the target on the integrated emission regulatory system. The second is to design a regulatory system model. Lastly, on the basis of this research, a revised bill for an integrated emission regulatory system is suggested. And the substantial analysis of integration focused on BAT needs to complement itself in order to make the integrated emission regulatory system operate normally as an environmental management policy and regulation method. Most of all, in the existing laws which is providing the emission regulatory system has delegated exorbitant authority to local government. In the aspect of administrative organization, it is reasonable to exclude specific competency of mandate from central government to local government for maintaining the essential power of central government. And also the government needs to get the most out of working group. Therefore, the improvement of legal system and administrative organization is needed urgently.

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