리스크 법 -리스크관리체계로서의 환경법-
Risk Law -Environmental Law as an Integrated Risk Management System-

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서울대학교 법학연구소
법학, Vol.43 No4 pp.27-128
不確實性을 본질적 요소Niklas Luhmannorganized irresponsibilityCost-Benefit Analysis
Environmental (or technological) risk inheres in human condition. Whether
brought on with nuclear energy technology, biotechnology or other high
technologies, hazard is inevitable and ubiquitous. This new type of
environmental problem differs in nature from the more familiar pollution and
resource depletion problems. At its extreme environmental risk presents public
decision-makers with the “zero-infinity dilemma”: a virtually zero probability
of a virtually infinite catastrophe. Environmental risk has rapidly increased in
importance over the last few decades and may indeed become the dominant
type of environmental problem.
Our society is especially vulnerable to environmental risk problems because
the characteristics that distinguish environmental risk from traditional
environmental problems make environmental risk problems less susceptible to
management through existing regulatory, legal and economic institutions. This
article aims to suggest a direction in management more suited to the
characteristics of environmental risk and hence more likely to be effective than
the current approach.
For this purpose, this article explores a question of whether various
approaches that are adjusted and developed within the current private and
public law system can solve environmental risk problem. Originally, while
civil law sets up individual liability system to sanction environmentally
harmful behavior and industrial practices, traditional police administrative law
works by directly intervening where there is obvious cause and effect.
However, this system has an inherent limit in coping with environmental risk...
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 43, Number 1/4 (2002)
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