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Legal review for Particulate Matter reduction - Focused on the reduction of automobile Particulate Matter -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2019, 85(), pp.281-312
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : January 31, 2019
  • Accepted : February 15, 2019

KIM, NAM WOOK 1

1송원대학교

Accredited

ABSTRACT

The State has a constitutional obligation to protect the health of the people and the body. The Constitution has a legal obligation to ensure the basic rights of the environment and to maintain a clean air environment. In recent years, the Ministry of Environment and Basic Law has strengthened the environmental standards of ultrafine dust, established particulate matter management plan in accordance with Particulate Matterfine Law, designated particulate matter concentration area and prepared emergency measures, air pollution emission allowance standards, Despite the reduction measures and countermeasures such as the designation of the restricted area for automobile operation due to the fine dust regulations of the organization, the fine dust of the automobile exhaust gas poses a risk to the health of the people. Therefore, it is urgent to examine the legal system for the reduction of fine dust in automobiles and to take measures for improvement, because the exhaust gas emitted from diesel vehicles causes lung injury, asthma, bronchitis, cardiovascular disease, stroke and lung cancer. In the following, the system and main contents of the Environmental Policy Basic Law, Particulate Matterfine Law, Air Pollution Conservation Law, metropolitan area countermeasure method for the reduction of automobile particulate matter in Korea are reviewed, the automobile emission permission standard is strengthened, Review legal issues related to the abolition of automobile brake pads and tire particulate matter, clean diesel support policy, prohibition of motor vehicle service for old aged diesel vehicles, and liability for national damage caused by defects in the installation of public sanitary facilities on roads and seek ways to improve them. First, it is necessary to strengthen emission standards of automobile fine dust and nitrogen oxides according to the Air Quality Preservation Act in line with the standards of the World Health Organization or the EU, and to strengthen the emission of nitrogen oxides and the like in cancer-induced diesel vehicles. Second, it should restrict the restriction of automobile operation to conform to EURO-6 within the restricted area of ​​fine dust concentration area and the limited area of ​​automobile operation, and shall effectively impose appropriate emergency measures, administrative orders or penalties. Third, in order to reduce brake pads and tire particulate matter due to automobile operation, measures to reduce air quality by operating brake pads and automobile that absorbs tire fine dust are prepared in the Air Quality Preservation Law, and development of automobile brake pad and timer Particulate Matter reduction technology To provide subsidies or tax assistance to businesses that. Fourth, when particulate matter are issued warning or warning, it is necessary to prohibit the operation of all vehicles in the restricted area of ​​the automobile, and if the concentration of particulate matter exceeds the emission limit or environmental standard, the city center should be operated at a low speed of 40km, The diesel clean policy should be abolished to abolish subsidies and tax incentives, and the transition of automobile traffic fader lime should be made so that environmentally friendly vehicles are actively supplied. Finally, if the particulate matter reduction plan or measures are not properly prepared or the appropriate measures are not taken due to inadequate measures, the residents within 20m of the road near the road for more than one year If the resident has exceeded the allowance for emission standards such as ultrafine dust, nitrogen oxides, etc., and the residents have a significant causal relationship with the onset of bronchial asthma, they shall be liable for national compensation.

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