유류오염피해로 인한 해양생태계 복원의 법적 고찰 (A Legal Study on Marine Ecosystem Restoration by Oil Pollution Damage)

서지정보

· 발행기관 : 강원대학교 비교법학연구소
· 수록지 정보 : 환경법과 정책 / 1권 / 73 ~ 107페이지
· 저자명 : 함태성

초록

In December 2007, the Hebei Spirit oil spill contaminated Tae-An's coastline. It killed birds, fish, and disrupted the ecosystem in the path of the oil.
And the Hebei Spirit oil spill brought legal issue of oil pollution control systems such as prevention and compensation systems. In addition, it raised difficult problems that we should find improvement of marine ecosystem restoration by Oil Pollution Damage.
Marine ecosystem restoration is defined as the return of a marine ecosystem to a close approximation of its condition prior to disturbance. But the problem is that we cannot restore an ecosystem to the exact same state it was in before we disturbed it. Also, marine ecosystem restoration is in need of long-term and many cost. As will be seen Exxon Valdez case, occurred in US, Exxon agreed to pay the United States and the State of Alaska $900 million over ten years to restore the resources injured by the spill.
Therefore, we should formulate completely a plan of marine ecosystem restoration, carry out systematically it. Marine ecosystem restoration plan must include long-term guidance for restoring the resources and services injured by the oil spill, contains policies for making restoration decisions and describes how restoration activities will be implemented.
However, in korea, related policy and legislation of marine ecosystem restoration is temporary expedient. There is affair conflict between Ministry of National Soil and Marine and Ministry of Environment. Related legislation is dispersed in Natural Environment Conservation Act, Conservation and Management of Marine Ecosystems Act, Wetlands Conservation Act, Marine Environmental Management Act, special act for oil pollution of damage compensation from the Hebei Spirit accident, etc.
Now, we should have a new understanding of the importance of marine ecosystem restoration, repair related legislation and management system. This Paper aims to review the legal subject of marine ecosystem restoration and to find the improvement of related legislation and management system.

영어초록

In December 2007, the Hebei Spirit oil spill contaminated Tae-An's coastline. It killed birds, fish, and disrupted the ecosystem in the path of the oil.
And the Hebei Spirit oil spill brought legal issue of oil pollution control systems such as prevention and compensation systems. In addition, it raised difficult problems that we should find improvement of marine ecosystem restoration by Oil Pollution Damage.
Marine ecosystem restoration is defined as the return of a marine ecosystem to a close approximation of its condition prior to disturbance. But the problem is that we cannot restore an ecosystem to the exact same state it was in before we disturbed it. Also, marine ecosystem restoration is in need of long-term and many cost. As will be seen Exxon Valdez case, occurred in US, Exxon agreed to pay the United States and the State of Alaska $900 million over ten years to restore the resources injured by the spill.
Therefore, we should formulate completely a plan of marine ecosystem restoration, carry out systematically it. Marine ecosystem restoration plan must include long-term guidance for restoring the resources and services injured by the oil spill, contains policies for making restoration decisions and describes how restoration activities will be implemented.
However, in korea, related policy and legislation of marine ecosystem restoration is temporary expedient. There is affair conflict between Ministry of National Soil and Marine and Ministry of Environment. Related legislation is dispersed in Natural Environment Conservation Act, Conservation and Management of Marine Ecosystems Act, Wetlands Conservation Act, Marine Environmental Management Act, special act for oil pollution of damage compensation from the Hebei Spirit accident, etc.
Now, we should have a new understanding of the importance of marine ecosystem restoration, repair related legislation and management system. This Paper aims to review the legal subject of marine ecosystem restoration and to find the improvement of related legislation and management system.

참고자료

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