리스크 법 -리스크관리체계로서의 환경법-

Abstract

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...