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환경인권으로서의 환경행정절차 참여권

저자 : 김현준년도 : 2007발행권및호 : 제38집
  • - 첨부파일 : 16김현준.pdf (455.8K) - 다운로드

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This paper addresses the public participation in environmental decision-making as environmental human rights, devoting most the discussion to the Aarhus Convention, which was concluded in 1998 by the United Nations Economic Commission for Europe. Public participation in decision-making is the second pillar of the Convention, which is found in articles 6, 7 and 8 of the Convention.
Article 6 concerns public participation in decision-making by public authorites on whether to permit or license specific activities.
Article 7 covers public participation with respect to plans, programmes and policies.
Articel 8 sets out the public participation during the preparation of executive regulations and/or generally applicable legally binding normative instruments.
The following categories of public participation are especially in this paper pointed out;
-The public must be informed, early in the environmental decision-making procedure
- The procedural time-frames must allow for genuine public participation.
- The final decision to authorise the activity must take due account of the outcome of the public participation.
- The public must take part in the procedures concerning plans, programmes and policies relating to the Environment.
- Public participation must be ensured also in the preparation of environmental policies as well as standards and legislation that may have a significant effect on the environment.
Finally, the paper compare current Korean Administratve Procedure Act with emerging international trends such as the Arhus Convention.

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