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KCI우수등재 학술저널

사법상 환경권과 예방적 보호수단

The Environmental Rights as a Private Right and the right to injunction

The greatest task bestowed upon human race today is none other than to solve the environmental problem. As a result of obsessing with great progressive while overlooking environmental problems. In many aspects, humankind is working hard to resolve the environmental issues, and the legal domain is no exception. The environmental issues have been dealt with by the public law, and to date there have not been active researches on the private law aspect of the subject. It is with this recognition that this thesis attempted to restructure the environmental rights as private rights. This thesis consisted of 4 chapters. The second chapter deals with the necessity for establish the environmental rights as private rights. In third chapter, I unfolded a general argument for environmental rights as private rights. Namely, the meaning, legal characteristics, the subject and the object of environmental rights. Environmental rights are a right to enjoy the environment in order to maintain a dignified human life, and a right to actively demand such right from the nation and from individuals. Furthermore the environmental rights have supreme and categorical characteristics, and may be considered a new private right. In forth chapter, I discussed the civil remedy for environmental right infringement. Generally, when the environmental rights is infringed, the civil remedy is divided into the right to injunction(right A priori) and the right to claim damages(right A posteriori). I discussed the former in this thesis. Particularly, right to injunction, which is established prior to infringement, is considered an effective measure given the nature of environmental rights infringement. In the end, the assertion I make in this thesis is that the civil aspect of environmental rights must be legislated. The reason why I asserted the environmental rights as the private rights is because the rights is always changed.

Ⅰ. 서론

Ⅱ. 환경권의 사권화 필요성

Ⅲ. 환경권에 대한 일반론

Ⅳ. 예방적 보호수단

Ⅴ. 결론

참고문헌

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