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정우현 ( Woo Hyun Chung ),이정석 ( Jeongseok Lee ),추장민,최선미,김보경,( Dong Zhan Feng ),( Qu Aiyu ),( Wu Qiong ),( Li Hongxiang ) 한국환경연구원 2017 사업보고서 Vol.2017 No.-
This report contains the first-year outcome of a three-year joint project between South Korea and China - KEI(Korea Environment Institute) and CAEP(China Academy for Environmental Planning), adopted in the 21st ROK-China Joint Committee on Environmental Cooperation. By analyzing and comparing the two countries’ institutions regarding environmental governance and public participation, we seek to find relevant policy implications to advance institutional developments, and derive further cooperation projects. To this end this report presents a general survey of the relevant institutions in each country and case studies to portray the actual implementation of the institutions. For the surveys we categorized the institutions in three groups of (1) access to information, (2) public participation in decision-making process, and (3) access to justice, following the framework of the Aarhus convention. As for the access to information in Korea, the Official Information Disclosure Act in administrative law led to a substantial increase in the amount of governmental information disclosure, and environmental laws have basic rules in information provision and access and more specific obligations of large-scale pollutant dischargers to disclose relevant information. In terms of the participation in decision-making process, Korea ensures public participation in major policy decisions by obliging procedures as public hearings. Major planning in environmental area requires public hearing, and the environmental impact assessment procedures are operated under detailed provisions on public briefings and hearings. Furthermore, based on the Local Autonomy Act several forms of direct democracy including referendum and recall were made available, so that people can have more diversified channels to participate in the public matters. Regarding the access to justice, the environmental damage relief system and the environmental dispute adjustment system are taking effect to alleviate the practical difficulties of damage relief and dispute resolution in environmental matters. Regarding the case studies to illustrate the actual implementation of governance institutions in Korea, we presented two cases related to controversial locational decisions of environmental facilities and initiation of referendum, in the cities of Samcheok and Namhae. Environmental facilities often entail degradation of environmental qualities in the area, leading to conflict among the residents, between the supporters who welcome the economic gains and the opponents who condemns the environmental loss. In order to reach a consensus and obtain understanding among the residents to make the best decision, it is crucial to provide the relevant information, hear the public opinion, and let the public participate in the locational decision-making. The referendum in Korea also can be a useful tool to base the local government’s decision on the public opinion. As a response to construction plan of power plant in the area, the Namhae city successfully conducted the referendum in early stage of decision-making and cancelled the construction project in reflection of the public opinion, whereas the conflict prolonged much longer in the Samcheok city where the city government was less eager to gather the public opinion before the decision-making. China is producing much legislative outputs for public participation in environmental protection in recent years. Regarding the access to information, the Environmental Information Disclosure Method is declared in 2007 to stipulate the extent, procedures, and responsibilities of information disclosure. The Environmental Protection Act dictates the national and local governments to regularly publish the state of environment, and the major pollutant dischargers to disclose their information on emission and violation. In terms of participation in decision-making process, the administrative law stipulates the public hearings to be held for major policy decisions, and the environmental impact assessment is based on a number of rules and guidelines describing the detailed procedures and methods for the public participation such as public hearing. Regarding the access to justice, China is giving the general public more authorities in monitoring and penalizing the environmental violations. For the case studies of China, two localities are illustrated for their implementation of the public participation system in local scale. The city of Jiaxing takes a multi-faceted approach: citizens’ reporting of environmental violation is encouraged with commendations and monetary rewards; roundtable meeting is held for public participation in major decision-makings; citizen counselors are recruited to have a voice in deciding penalties for environmental violators and in endorsing construction projects; the city government organizes the “Eco-Civilization Promotion Group” for raising environmental awareness, and makes efforts for better public communication.