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地下水利用規制의 法理에 관한 小考 : 濟州道의 地下水問題를 중심으로
尹良洙 제주대학교 1992 논문집 Vol.35 No.1
Until now, overlying owners could do as they pleased with water drawn from under their land in our country. Special rules are needed for groundwater management because waters may be polluted and a new may endanger existing wells. Rights and obligations pertaining to use of groundwater may be considered to spring from property ownership concepts or from the notion that water is a shared public resource, or both. In my opinion, state shall recognize no private ownership rights in groundwater and consider it subject to management as public property. Rights to use it shall created under permits granted by an administrative agency. The main topics of this paper are the legal nature of groundwater, the allocating rights in groundwater and the methods of groundwater management.