Abstract
The damage caused by the inflow, settlement, and spread of foreign species is increasing due to active international exchange and the growth of the pet industry due to the development of trade and transportation means. Korea is also experiencing damage from a variety of exotic animals and plants, including foreign plants such as prickly gourds and pig grass, as well as fish, blue roads, bullfrogs, and nutria. Accordingly, each country is making enormous efforts to block the inflow of foreign species at the border level, prevent the settlement and spread of foreign species, and control their damage. On the other hand, in the case of Korea, it is not properly responding to ecosystem disturbances caused by the inflow and settlement of foreign species.BR Above all, the domestic legal system does not stipulate that even if the cause of ecosystem damage or biodiversity loss caused by foreign species can be identified or the person involved can be identified, the responsible cause must take measures such as control or bear the cost.BR The Domestic Forest Act has regulations related to control, and the Plant Disease Control Act also has regulations. The definition of control and control method of the Livestock Infectious Disease Prevention Act are not separately stipulated, but there are regulations on livestock prevention such as killing.BR On the other hand, the Biodiversity Conservation and Utilization Act stipulates measures such as control, but details of the control subject, the contents of the control, plans, and procedures cannot be prepared.BR On the other hand, in the case of Japan, Chapter 3 of the Foreign Life Act stipulates the control of specific exotic organisms. Chapter 3 stipulates control by the competent minister, control by a person other than the competent minister, collection of responsibility for the cause and the burden of the cause, confirmation and certification of control, and cancellation thereof. Accordingly, through comparative legal analysis, institutional improvements related to control procedures, plans, financial support, pre-control surveys, private participation guarantees, and follow-up management were reviewed.
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