• 한국중재학회지:중재연구
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• 제28권1호
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• pp.125-151
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• 2018

Rapid industrial growth based on massive fossil fuel energy consumption has caused serious damages on natural environment and every aspects of human life. As demands for clean and pleasant living circumstance increases, conflicts and disputes around environmental problems have also been widespread. Given the 'environmental rights' is a relatively new legal concept, however, resolving environmental disputes through the traditional legal principles and litigation procedures could be restrictive and, in some sense. inefficient as well as expensive. With efforts to develop new legal principles on environmental disputes, the environmental dispute adjustment system has been introduced as an alternative dispute resolution to the traditional legal dispute procedures. The Korean Environmental Dispute Resolution Commission introduced as the environmental dispute adjustment system has been well established for the past twenty-seven years, given the steadily increasing numbers of applications to the Commission over environmental disputes. However, as most cases are still small in money terms and mainly subject to adjudication, the effectiveness and practical contribution of the Commission in the resolution of environmental disputes have in fact been limited. For the enhancement of the status and roles of the Commission as the prior instrument of the alternative dispute resolution(ADR) in environmental disputes, several suggestions could be considered as follows: First, mediation needs to be more activated than adjudication in order to meet the primary purpose of ADR that resolves environmental disputes according to free will of concerned parties. Second, the scope of mediation could be expanded to the areas including potential environmental damages. Third, the roles and responsibilities of the Environmental Dispute Resolution Commissions at both central and local levels need to be evenly distributed. Fourth, the mechanism and procedures of environmental dispute resolution should be standardized. Fifth, the status of the Environmental Dispute Resolution Commission could be elevated in rank by shifting its current affiliation from the Ministry of Environment to the Office of Prime Minister. Sixth, the organizational structure and human resources of the Commission need to be reinforced. Seventh, the current situation that tends to give priority to litigation procedures when an environment dispute is simultaneously pending in litigation and mediation should be eased and properly adjusted. Eighth, the adoption of mandatory mediation in advance to litigation needs to be discussed. Ninth, the legal authority of the Commission's decisions should be further guaranteed. If above suggestions are thoroughly reviewed and properly adopted, the roles, authority and power of the Environmental Dispute Resolution Commission would be increased in the era when environmental conflicts get widespread, requiring an effective alternative environmental dispute resolution mechanism.

• 한국태양에너지학회 논문집
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• 제39권2호
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• pp.11-22
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• 2019

The first case of the Central Environmental Dispute Mediation Committee, which recently decided to repay the builder for damaging the solar power plant due to the obstruction of the sunshine of new buildings, came out. Even if the Respondent complies with the provisions of the Building Act, the decision of the Complainant can be considered to have been made in light of the fact that the applicant's power plant has suffered from sunlight damage. However, since the extent of the damage may differ depending on the weather, the decision is reserved, and there is room for additional disputes on a regular basis because the loss of power generation to be continuously generated is not reflected in the future. Therefore, in this study, we try to find the direction of dispute adjustment by summarizing the issues related to the generation of power generation due to the influence of shading through the analysis of the case of dispute related to sunlight related to the PV system.