환경행정에서 지방자치단체의 역할과 권한에 대한 법적 검토

A Review on the Roles and Authorities of Local Govemments in Environmental Administration

Artic1e 117 and 118 of the Constitution of the Republic of Korea specity autonomy of local govemments. However, autonomy of local govemments is relatively limited in the field of environment, compared to other fields. Especially, the emission standards of pollutants are applied at a minimum level all over the country by reason of a distributed nature of environments, technology, and prevention of regulatory arbitrage. Some however refutes environmental administration should consider regionality. Tnterested parties are consistently discussing where the limits of autonomy should be and how autonomy should be realized within the limits. According to the Local Autonomy Act, environmental affairs mostly fall under delegated affairs. Therefore, a ground that can be enacted as an ordinance is generally suggested. Of course, water supply and sewerage projects correspond to autonomous affairs. Autonomy of local govemments specified in individual environmental acts associated to water quality, air, etc. inc1ude local environmental planning, the establishment of regulatory standards and jurisdictions, rights of opinion submission or discussion for national affairs, the exercise of permission and regulation, inducement, support, and the enactment of ordinances. Tf the rights of others may be infringed, the principle of statutory reservation and the principle of legal delegation should be applied with the enactment of ordinances. Ordinances that weaken the nationwide stanrds ar‘e not allowed whereas ordinances that strengthen the standards are allowed. However, the excessive restriction of Presidential decrees or departmental ordinances on municipal ordinances should be reviewed. Horizontal cooperation between local govemments are required. Ways of cooperation encompass joint projects, the consignment of affairs, the operation of the administrative consultative council, the establishment of an association for specific affairs, the operation of a consultative council of heads of local governments, and the joint establishment of a public enterprises. However, horizontal cooperation between local governments is currently dull, its detail promotion methods should be discussed. In environmental administration, what kinds of authorities should be given to local governments is a matter of policy options. ln regard that local autonomy is a democratic foundation regulated by the Constitution of the Republic of Korea, autonomy should be respected. Environmental considerations however may be pushed back on the priority list if the president of local government and members of local council consider economic elements as a priority for next election. Therefore, unlike a broad discussion of general autonomy, a discussion on authorities and roles of the nation and its local governments in environmental administration should be based on individual environmental acts .