한국해양대학교

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우리나라 海洋環境管理制度에 관한 立法論的硏究

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dc.contributor.author 이영호 -
dc.date.accessioned 2017-02-22T06:47:48Z -
dc.date.available 2017-02-22T06:47:48Z -
dc.date.issued 2006 -
dc.date.submitted 56822-12-26 -
dc.identifier.uri http://kmou.dcollection.net/jsp/common/DcLoOrgPer.jsp?sItemId=000002175581 ko_KR
dc.identifier.uri http://repository.kmou.ac.kr/handle/2014.oak/9825 -
dc.description.abstract The sea surrounding the Korean peninsula plays an important role as a source of supply of marine products and more people use it as a leisure, sports, tourism and rest places. Therefore, to preserve the marine environment is duty and right to all of us. Until now, marine pollution supervision activity carried out, which uncovering , regulating illegality such as illegally discharging pollution materials. But intentional activity is conducted in a period of bad supervisable times to avoid inspection. This policy converts supervision activity such as uncovering, regulation to marine pollution prevention activity such as guidance. As a result of that policy, report shows that polluting activity, which happened intentionally, carelessly is reduced. If we don't concentrate on preventing activity of marine pollution accident, much more severe pollution accidents may happen continuously and massive marine pollution accidents occur very often. That is why the amendment of the existing Act is desirable for preventing marine pollution and protecting marine environment ultimately. International efforts for marine environment protection is now being globalized. Marine environment must be protected for all nations in the world because it is the human heritage of mankind. The sea doesn't have borderline and just has united "one" eco-system. Therefore international rules and regulations for protecting marine environment are indispensable regardless of nation's jurisdiction. And also, the national Act for marine environment protection should be amended for efficient control of marine environment. Marine Pollution Prevention Act was adopted in December 1977 and entered into force in July 1978. In particular, I have worked as a personnel in charge of the Act and found out some problems during that time. It is necessary to unify ship inspection agencies, clear up ship's definition because many agencies have rights to inspect ships and scope of affairs is not clearly stated in the Article 100 of the Draft Marine Environment Management Act. The Korea Maritime Police Agency and Korea Marine Pollution Control Association also have the right of direction and supervision according to establishment of marine control public corporation. Thus, it needs to be legislated clearly that right of direction and supervision for marine pollution control is entrusted to Maritime Police Agency. I point out some problems arising from the long-time execution of above Act as follows -
dc.description.abstract First, legislative proposals for prevention of marine pollution are needed. marine environment green-ship and quotation system for a fine example marine facilities must be newly established. it is needed to legislate "examplary ship quotation system" and "examplary marine facilities quotation system(tentatively named) in order to spread marine pollution preventing effect, inspire pride about marine environment prevention of a shipowner, crew, marine facility establisher about marine environment examplary ship, examplary marine facilities. And it needs to extend the capacity of ships that must install waste oil storage tank, which covering from over-5 tons ship to over-2 tons ships. Therefore, it needs to legislate prevention plan of marine pollution reflecting the character of polluting materials. Moreover, it needs to reform the system on regulation of harmful micro-organism, discharging air pollutants from ships, using TBT anti-fouling that entered into force lately. and, it needs to guide legal disposal of waste oil as introducing waste oil restoration system. that is 'No Waste Oil, No Fuel Oil' (if ship's waste oil is not restored, can't supply oil). Second, legal basis for national-scale basic plan to prevent pollution accident must be established. The Republic of Korea established "legal foundation for national-scale basic plan to prevent pollution accident" in 1999 according to OPRC agreement and must include the concerning articles, namely, articles against HNS spill accident, and legal foundation for cooperational prevention system between a government and non-government officials in the national act. Marine pollution accident is likely to influence neighboring countries because of strong tidal currents. It is very hard for states to get ready for the large pollution accident in advance and needs massive accounts to combat the pollution. That is why national cooperation system should be established between neighboring states such as adjacent Japan, China, Russia in Northeast Asian Sea through 'NOWPAP'. Third, penalty and fine levy system must be reformed as legislative proposals for effective regulation to prevent marine pollution. For example, intentional and habitual discharges and slight pollution must be discriminated each other in fines. And also it needs to maintain balance of penalty between the Fishing Port Act and the Marine Pollution Prevention Act for discharging wastes into the ocean. extension of regulation for pollution source from lands is needed. Further it should be considered in terms of the types of pollution, jurisdiction, marine facilities, etc. and, the introduction of Civil Money Penalty complemented forced environmental criminal program of USA is needed for executing marine pollution penalty efficiently. Fourth, it is desirable to consider the Act as a basic law for marine environment protection as 21st century future-oriented legislative proposals. The Marine Pollution Prevention Act is being implemented by National Maritime Police Agency, Ministry of Maritime Affairs and Fisheries. However, I suggest that it needs to be subdivided by the draft General Marine Environment Act, the Marine Waste Discharge Management Act, the Marine Pollution Prevention Act, etc. by reorganizing the pollutants for supplementing problems arising from consolidated management. And also I suggest that a national right and duty, and national responsibility for marine environment should be included in these acts. That is to say, the basic psychology that everyone wants to live in a comfortable environment should be incorporated into above mentioned acts. And lastly, the national marine pollution Acts concerned were divided into two categories such as pollution from ships marine pollution prevention law, pollution from lands water quality preservation law. The legislation for integrated marine environment management is necessary in order to control marine pollution efficiently and synthetically. The Marine Pollution Prevention Act has been often amended according to revision of international convention MARPOL 73/78 and establishment of new international conventions. But it is not so easy to regulate marine pollution with the 'marine pollution prevention act' only. So that, the draft marine environment management act needs to be established to identify and protect the marine eco-system. -
dc.description.tableofcontents Abstract 제1장 序論 = 1 제1절 硏究의 目的 = 1 제2절 硏究方法 및 範圍 = 5 제2장 海洋環境管理의 現況 = 8 제1절 海洋汚染의 發生과 趨勢 = 8 1. 최근 해양오염사고 발생과 원인 = 8 2. 해양오염 발생 추세 = 11 3. 해양오염의 피해와 문제점 = 16 제2절 海洋汚染防止·防除의 現況 = 21 1. 해양오염방지 = 21 2. 해양오염방제 = 23 3. 해양환경관리상 문제점 = 27 제3절 主要 海洋汚染事故 對應 現況 = 31 1. 원유선‘씨 프린스호’좌초사고 = 31 2. 유조선‘덕양호’침몰사고 = 35 3. 화물선‘에이스호’좌초사고 = 39 4. 오염사고 대응 현황과 문제점 = 41 제3장 海洋環境管理에 관한 國際協約과 國內法의 關係 = 47 제1절 關聯 國際協約의 槪觀 = 47 1. 유엔해양법협약 = 47 2. 1973년 선박에 의한 해양오염방지협약과 1978년의 의정서 = 58 3. 1969년 공해상 해양오염에 대한 국가의 개입에 관한 협약 = 69 4. 1972년 폐기물 및 기타물질의 투기에 의한 해양오염방지에 관한 협약 = 72 5. 1990년 기름오염대비 대응 및 협력에 관한 협약 = 79 제2절 國際協約의 國內法 受容現況 = 86 1. 수용과정 = 86 2. 수용현황 = 89 제4장 우리나라 海洋環境管理 立法體系와 改正方向 = 96 제1절 海洋汚染 관련 國內法 體系와 特性 = 96 1. 국내법 체계의 개관 = 96 2. 국내법의 특성 = 103 3. 주요국의 국내 입법태도 = 107 제2절 海洋汚染防止法의 內容과 改正方向 = 111 1. 해양오염방지법의 연혁 = 111 2. 해양오염방지법의 체계와 주요 내용 = 114 3. 해양오염방지법의 문제점과 개정방향 = 123 제3절 海洋環境管理法(案)의 內容과 妥當性 = 131 1. 해양환경관리입법의 의의 = 131 2. 해양환경관리법(안)의 기본체계 = 132 3. 해양환경관리법(안)의 내용과 특성 = 135 4. 해양환경관리법(안)의 입법론적 타당성 검토 = 144 제5장 海洋環境管理法(案)의 立法論的 補完點과 代案 = 151 제1절 立法論的 補完點의 槪觀 = 151 1. 해양환경관리법(안)이 나아갈 방향 = 151 2. 해양환경관리법(안)의 보완방안과 대안 = 156 제2절 海洋汚染管理에 관한 補完方案 = 162 1. 해양오염방지를 위한 입법론적 대안 = 162 2. 해양오염 대비·대응을 위한 입법론적 대안 = 165 3. 통합적 해양환경관리를 위한 입법론적 대안 = 166 제3절 效率的 規制에 관한 補完點과 代案 = 168 1. 현행법상의 규제방법과 특성 = 168 2. 규제방법과 절차의 개선책 = 181 제6장結論 = 188 附錄(表) = 193 參考文獻 = 207 -
dc.language kor -
dc.publisher 한국해양대학교 대학원 -
dc.title 우리나라 海洋環境管理制度에 관한 立法論的硏究 -
dc.title.alternative A Study on the Legislation of Marine Environment Management System -
dc.type Thesis -
dc.date.awarded 2006-02 -
dc.contributor.alternativeName Lee -
dc.contributor.alternativeName Young-Ho -
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