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Legal Evaluation and Tasks of 4-River Project

  • Public Land Law Review
  • Abbr : KPLLR
  • 2017, 79(), pp.1-30
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Jae Kwang Kim 1

1선문대학교

Accredited

ABSTRACT

This study aims to assess 4-Rivers Project legally as follows: ① reviewing findings by the Evaluation Committee of 4-Rivers Project ② reviewing main contents of three audit results over 4-Rivers Project by the Board of Audit and Inspection of KOREA ③ reviewing the Supreme Court’s decision on the 4-Rivers Project’s case ④ reviewing legislation restoring 4 Rivers Project. First, the Evaluation Committee of 4-Rivers Project concluded that “as a result, the Four Rivers Project has been pursued to prevent flooding, secure water resources, improve water environment, and create cultural space near river and achieved desires in some parts. However, that has been carried forward in a hurry without engineering review and hearing public comment in a limited time, and made some adverse effects due to technical limitations of our river management at that time.” The 4th 4-Rivers Project Evaluation Report can be evaluated as having fairness and objectivity comparatively, so it is necessary for the current government to utilize it actively. Second, there have been three audits by the Board of Audit to the Four Rivers Project, and all of audits focused on illegal activities such as the business itself or contracts in the process, rather than the process of policy formulation. It is expected that the fourth audit will face many challenges compared to previous audits since it will focus on the process of policy formulation. The dispute regarding fairness of audit should not be repeated anymore. Third, the 4-Rivers Project showed the limit of judicial control over large-scale national projects. Therefore, it is urgently needed to complement the procedural requirements related to large-scale national projects and to improve the relevant laws and regulations. Fourth, the bill of “Special Act on Investigating Four Rivers Project, Dismantling Artificial Structures and Restoring(by Hong Young-pyo)” is submitted to National Assembly. This bill aims to dismantle the artificial structures and restore the changed environment and cultural assets due to the 4 Rivers Project through investigating and verifying it. It is necessary to discuss various aspects of the enactment of the legislation, to review it comprehensively. and to complement the lack of legal integrity such as definition including ‘4 major river re-naturalization’ or ‘4 major river restoration, and conflicts with other laws.

Citation status

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