Verwissenschaftlichung des Rechts und Ihre Grenzen -Entwicklung des Umweltvertralichkeitspruungsrechts in Korea

Abstract

This article tackles the issue of "science and law" in the "risk society." by analyzing recent development of the ENvironmental Impact Assessment System in Korea. The conditions of uncertainty, ignorance and indeterminacy constitute a serious challenge to traditional conceptions of science as an arbiter of ultimate truth and authority. Current status of academic discussions of the issue shows that enhanced use of science in law, especially adoption of precautionary measures for better protection of environment and ecological diversity does not necessarily bring about successful outcome, either due to the political nature of scientific inquiry and knowledge or due to the scientific indeterminacy itself. More important than demystifying this imperfection of scientific knowledge, however, is often recognizing the way how the science is being handled at bar, at agency office or in parliament. Understanding dialectic of science, law and policy, so real truth about science in law is an indispensable prerequisite for our search for a new model of environmental law. Politics of law in dealing with "science and law" issues and other aspects of separation of power need to be therefore more realistically addressed before we proceed to reform the existing regime of environmental impact assessment. in this vein, the article emphasizes the crucial role of the court as a truth-finding forum embedded in a vitalized litigation culture, while it proposes a series of ideas as fundamentals for a new model of environmental law: optimization of science and law relationship, need for co-options in environmental lawmaking, devising and developing "environmental law with learning ability" through enhanced utilization of science, redistributing roles among various actors in polycentric context of environmental law and applying conflict resolution approach to environmental policy making.