생물다양성협약 당사국총회 결의에 따르면, 환경영향평가란 제안된 계획 또 는 개발이 환경에 미칠 것 같은 영향을 이익적 측면과 불리한 측면에서 사회경 제적, 문화적 및 인간의 건강에 미치는 영향과 연계하여 평가하는 과정을 의미한다. 해양에서의 환경영향평가 제도는 다수의 국가에 의해 국내법적으로 수용 하여 수행되어왔으며, 국제적으로도 많은 환경협약과 하위 지침들로부터 의무 화하여 수행되고 있다. 국제법상 국가관할권 이원지역에 대한 환경영향평가의 수행의무는 분명히 존재한다. 최근 채택된 BBNJ협정은 국가관할권 이원지역에 대한 종합적인 환경 및 해양생물다양성 보호를 목적으로 하는데, 그중 제4부는 환경영향평가의 발동요건, 절차, 평가의 내용, 협의과정, 의사결정 등 환경영향 평가 수행 전반에 대한 요건을 서술하고 있다. 본 연구에서는 다수의 환경영향 평가와 관련된 기존제도들 중 국가관할권 이원지역만을 협약의 적용지역으로 하고, 명확히 환경영향평가의 의무를 부과하고 있는 남극조약체제 및 국제해저 기구 주관하의 심해저 광업규칙상 환경영향평가제도와 BBNJ협정상 환경영향 평가제도의 비교를 통해 환경보호의 대응기조가 어떻게 유사하게 반영되었는 지 또는 차이점이 있는지 살펴보고 그 실효성에 대하여 논한다. 결론적으로 1) 기존제도와 달리 BBNJ협정은 call-in mechanism의 적용을 통 해 환경영향평가서에 대한 최종 의사결정권을 당사국에게 부여하고 있다. 2) 국가관할권 내측 지역으로부터의 월경 오염에 대한 환경영향평가 절차를 포함 함으로써 월경오염에 대한 준수의 효과성을 보장하고자 하였다. 3) 대중통고 및 협의, 활동의 영향에 대한 검토 조항을 통해 환경영향평가의 절차에서 넓은 범위의 이해관계자를 포함하고, 기존제도와 달리 국가관할권 이원지역에서의 활동으로부터 야기된 월경오염으로 영향을 받을 수 있는 연안국을 명시하여 환 경영향평가 절차에서 역할을 부여하고 있다. 4) 기존제도상 환경영향평가시 고 려되던 누적영향 및 잔존영향에 더하여 전략환경평가라는 현대적 보전기법을 규정하고 있다. 남극조약체제 및 국제해저기구 주관하의 심해저 광업규칙상 환 경영향평가제도 역시 과거 작성되었던 규칙에 대비하여 비교적 최근의 규칙 및 현재 작성중인 문서에서 대중통고 절차 신설, 확장된 이해관계자의 참여 근거 규정 마련 등에 따라 환경보호를 위한 국제사회의 강화된 기조에 대응하고 있 음을 살펴볼 수 있었다. 향후 당사국 총회를 통해 환경영향평가의 세부 지침이 보완될 것임에 따라, 기존의 관련 제도상 환경영향평가 절차 및 내용에 대한 정확한 숙지를 기반으로 하여 대응해 나가야 할 것이다. 또한 관련 전문기관을 지정하고 과학 전문가 양성에 집중해야 할 것이다.
The main point of this study is to find out duplicates and differences among various regulations from different organizations. Also, it focuses on creating a reasonably unified regulation system to standardize safety & environment management. In this study, I analyzed the commonalities and the differences of two systems which are typical korean Process Safety Management System and off-site Consequence Analysis. It is confirmed that there are 25 species of overlapped material of those two systems and assessment like handling material information, facilities lists, hazardous substances and list of machine power. Process safety report focuses on onsite workers and facility protect. On the other hand, off-site Consequence Analysis focuses on design, arrangement and management of handling facility from off-site influence. I found difference two system of Enforcement purposes and way. Contradiction of Harmful information of Chemicals Control Act and occupation safety and health acts from same material. To be specific, There are no unit rule of occupation safety and health acts. so it permit inch, psi etc. But Chemicals Control Act provides that m, Mpa units. Therefore, Each regulatory duplication of items for chemicals management, standardization is writing so that you can coordinate overlapping items in the measures the need to be presented.
Jeju Special Self-Governing Province has implemented a self-governing environmental impact assessment system (Jeju-EIAS) in recognition of its autonomy. In this study, the institutional features of Jeju-EIAS were examined by analyzing the development projects whose consultation under Jeju-EIAS were completed from 1994 to 2019. The consultation procedure of Jeju-EIAS, such as the actual operation of Review Committee for Environmental Impact Assessment (EIA), the consent of the provincial council, and the regular follow-up activities for the implementation of EIA consultations, has been implemented differently from those of other metropolitan cities and provinces. Under Jeju-EIAS, types of development projects subject to consultation on EIA also take into account local conditions, and include the construction of aquarium basin and building. In addition, provisions concerning the scale of development projects is strengthened above the Korean Environmental Impact Assessment Act (EIA Act).
The Korean environmental impact assessment(EIA) system, and explored ways to improve it as a more efficient and viable institution relevant to the demand of our time and conditions in study. The first problem this study identified is found in the fact that the party to write up the assessment report is itself the business operator or the one who is planning to work out the business plan. This structure translates into placing an order with an agent for EIA report. The reporting job may br subcontracted to the agent at a cost far below the rate specified in the ‘Standard for Estimate of Agency Fee for Environmental Impact Assessment.’ This practice also causes the vicious circle of producing a report that is written to justify the project or business in question or it leads to rough-and ready and poor documentation to minimize the time required. Second, in order to achieve the goal of the plan or business, which is the target of EIA, the local residents tend to ve regarded as an obstacle. This means elimination of the local people from participating in the EIA or their opinion being frequently ignored. This is the seed of distrust and hostility that sometimes provoke disagreements or fierce conflicts. The first proposal to improve these problem is to improve the factors that cause poor documentation of the assessment report as well as improve the understanding of the EIA system. This study proposes the following measures for improvement. The agency cost for EIA should be paid by the business operator or a third party that can ensure faithful implementation of the payment. A system should be established to verify transparent estimation of the agency cost. In order to enhance the professional quality of EIA agents, there should be implementation of qualification test for industrial engineer of related engineers in addition to the current EIA Qualification Test. The second proposal for improvement is to improve the citizen participation process by instituting a legal framework to make clear the purpose of the briefing session for local residents, which is held as a procedure of EIA, and to ensure more positive publicity during the stage of listening to the opinion of the local community. For a smooth and rational communication process, a moderator and a communicator of opinion, as is the case in a public hearing, could be instituted to clearly get the purpose of the briefing session across to the residents and to help to carry out the explanation and Q & A sessions according to the categories of the opinion of the residents. At present, the notification of the public inspection of the draft of the assessment report and briefing session for the residents is made on the newspaper and internet network. But some people have difficulty with access to this method of announcement. A higher participation rate could be secured if a legal provision is added to specify putting up placards in specific places such as the entrance to the place for the briefing session for residents or the building of administrative agencies of the area concerned.
Environmental protection and precaution are the most frequently considered issues in the recent research fields for our present and future surroundings. However, it seems that these environmental issues were less reflected in local-level development plans, and caused several cases of environmental pollution, therefore it became a major concern of local governments and the communities. The role of a 'Local EIA(Environment Impact Assessment)' can be a core issue for the positive preferences of the local-level development plans. Cases of Local EIA in Germany which have been implied successfully are reviewed to generate a local EIA movement and to produce a guideline for Korean local governments. The local EIA in Germany was broadly commenced in the middle of 1980s, and a decade later it was carried out for over 200 of local governments. To produce a better suggestion for Korean local EIA, comparison and analysis of detail data of the German local EIA was carried out, and tested for fourteen cities in Korea based on five categories: i) assessment subject, ii) assessment procedure, iii) main office for assessment, iv) assessment factor and v) assessment standard. Prior suggestions for greater preference of local EIA in Korea are: it is necessary that I) launch of a support system in central government to help the movement of local government; II) a knowledge-based expert group in local government which has by all means of exclusive responsibility for any action(new application or performance of local EIA) ; III) establishment of 'environmental protection measure' in local government level for environmental precaution based on individual environmental character and values in their communities.
Environmental problems emerged as common global problems awaiting solution. Active collaborative efforts are required of nations and communities in order to solve environmental problems effectively. International collaboration occurs much more commonly these days than before, and European Community(EC) mumber countries are no exceptions. EC has established and executed the five-year programs on Environmental Policy Implementation, which explicated basic principles for environmental policy development, since 1973. EC programs tend to emphasize that the direction of the policies should reflect a change from a remedial approach to a preventive approach. Those programs have brought an awareness of the importance of Environmental Impact Assessment(EIA) to EC member countries. France installed an EIA system in 1976, which was the first among member countries. Several other member countries also established a system. EC decided that a common guideline was necessary, and therefore formulated the "European Community Guideline for Environmental Impact Assessment" in 1985. All member countries were required to legislate an EIA system within three years, according to the Guideline. This study will conduct a comparative analysis of the current EIA systems of different EC member countries. The findings of this study will provide helpful information on how to improve the efficacy of the Korean system.