연안침식 관리책임에 관한 법적 고찰

Abstract

Today, the coast is recognized as an essential space for national welfare. That's because the coast provides important ecological habitats and natural resources, and at the same time half of the population provides ports, harbors and bases for several industries. Recently, the coastal erosion is becoming national issue nationwide.
 Coastal erosion can be caused by both natural and artificial causes. The main natural causes of coastal erosion were the influence of waves, currents, wind etc., and in recent years, erosion has been intensified due to sea level rise and wave changes caused by climate change. On the other hand, artificial causes include coastal drift blocking, wave shielding area, revetment, windbreak forest, and sea sand collection etc.
 Coastal erosion management is based on Article 23, Paragraph 1, Article 34, Paragraph 6, Article 35, Paragraph 1, and Article 120, Paragraph 2 of the Constitution. The legal grounds for coastal erosion management include the Coastal Management Act, the National Land Planning and Utilization Act, the Countermeasures Against Natural Disasters Act, Public Waters Management And Reclamation Act, the Building Act, the Erosion Control Work Act, and the Island Development Promotion Act etc.
 Measures to fulfill administrative responsibility (legal relief) for coastal erosion under the current law are based on the Article 2(State’s negligence liability) of the State Compensation Act , Article 5(liability for structures) of State Compensation Act, compensation for losses, Article 758(Responsibility for installation or maintenance of structures) of Civil Act.
 In order to make administrative responsibility for coastal erosion more practical, it is necessary to legislate no-fault liability for those who cause coastal erosion, legalize responsibility for preventing coastal erosion in advance, and legislate compensation for losses caused by acts that cause coastal erosion in managed areas.
 First, it is necessary to legislate no-fault liability for those responsible for coastal erosion. In order to prevent environmental harm by realizing no-fault liability for coastal erosion damage and promptly healing coastal erosion, it is necessary to identify the person responsible for coastal erosion and secure the fulfillment of responsibility.
 Second, it is necessary to legislate the responsibility for preventing coastal erosion in advance. Risks from coastal erosion include both identified and potential risks. Even if the risk of coastal erosion is uncertain, it needs to be understood as a concept that includes the principle of forethought, which states that if the damage caused by the hazard is serious and irreversible, precautionary measures can be taken to prevent or reduce the hazard even before the hazard becomes certain.
 Third, it is necessary to legalize compensation for losses caused by acts that cause coastal erosion in managed areas. The loss compensation provisions of the current Coastal Management Act mean compensation for loss due to access to land, etc. This is not directly related to damage caused by coastal erosion. It is necessary to establish a legal basis for receiving compensation for losses caused by acts causing coastal erosion in the management area under Article 20-2, paragraphs 1 and 2.