해양공간계획 및 관리에 관한 법의 한계와 개선방안

Abstract

In order to comprehensively manage the marine space, Korea enacted the Act on ‘Marine Spatial Planning(MSP) and Management’ in 2018. However it has been doubtable that the Act has some inadequacies to effectively deal with sea use conflict due to the lack of institutional frame-work of marine governance and integrated marine spatial information system. Accordingly, this paper aimed to analyze the factor of inadequacies of the current system and to propose improvement of the Act. By conducting this study, the paper analyzed the domestic law and the emerging international MSP discourse by understanding of each state’s legal and institutional framework. As a result We found that MSP has some key values that not only standardize huge volume of marine spatial information and give decision-makers to optical marine using scenario based on scientific results but utilize these information on approval. Furthermore each state introduces different system to achieve these values but has a similar pattern that the state established inter-ministerial executive organization to manage MSP and Integrated Marine Information System to comprehensively deal with datas. Among the cases United States, United Kingdom, China was selected as an example due to its well-ordered MSP system supported by ministries. Finally, the study came to the conclusion that Korea’s MSP needs an integrated marine information system and exclusive organization to manage MSP. To introduce above system, the study suggested that the exclusive organization is needed to be empowered the ‘Deemed Authorization or Permission’. This paper will provide a solid legal basis of an effective enforcement of MSP. By preventing uncertainty of zoning, this resolution will contribute to enhancing the public acceptance of MSP and defusing future conflicts in competing uses of marine space.