콘텐츠 바로가기
로그인
컨텐츠

Category Open

Resources

tutorial

Collection of research papers and materials on development issues

home

Resources
Territorial Development Environment
Government and Law Laws and Legislation

Print

Law and politics in environmental protection : A case study on Korea

Related Document
Frame of Image
  • Law and politics in environmental protection
  • Cho, Hong Sik
  • Seoul National University(BK 21 Law)


link
Title Law and politics in environmental protection
Similar Titles
Sub Title

A case study on Korea

Material Type Reports
Author(English)

Cho, Hong Sik

Publisher

[Seoul]:Seoul National University(BK 21 Law)

Date 2002
Journal Title; Vol./Issue Journal of Korean Law:vol. 2(no. 1)
Pages 36
Subject Country South Korea(Asia and Pacific)
Language English
File Type Link
Subject Territorial Development < Environment
Government and Law < Laws and Legislation
Holding Seoul National University

Abstract

While law played an instrumental role in Korea’'s economic development, it has not been as effective in the field of environmental protection. Although Korea has successfully modernized its formal environmental law system, its practical application has fallen well short of public expectations as compared to progress in the economic realm. Judicial oversight has been gradually increasing, yet the courts have exercised restraint in test cases brought by nongovernmental environmental and citizens’' organizations. In this paper, the author attempts to explain why this divergence between legislative initiatives and administrative practices took place. Drawing on recent literature which sees the structure of government as dictated by politics, the author explores why the bureaucracy neither behaves as expected by the public nor performs as mandated by legislation, and why the courts just look on with folded arms. After pointing out the inherent limits of current efforts, the author concludes that establishing the “"rule of law”" concept more firmly in judicial, administrative, and legislative practice is crucial to furthering the quality of life as affected by the environment.