환경규제의 집행 효과 제고에 관한 一考

• 영문명: An Examination of Canada’s Environmental Enforcement Act and Its Implications for the Environmental Enforcement System of Korea
• 발행기관: 충북대학교 법학연구소
• 저자명: 윤혜선(Yoon, Hyesun)
• 간행물 정보: 『법학연구』第28卷 第1號, 205~238쪽, 전체 34쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.06.30

영문 초록

This article aims to find better alternatives to improve the environmental enforcement in Korea. A particular attention has been drawn to the Environmental Enforcement Act of Canada(hereinafter the “EEA”). The implementation of the EEA, passed in June 2009 has recently begun in three stages. The EEA is particularly interesting to be examined because it was intended and thus enacted to make the environmental enforcement regimes more consistent across all federal legislation. The EEA amended nine existing environmental statutes administered by then the Environmental Canada and Parks Canada, and it created a new act entitled the Environmental Violations Administrative Monetary Penalties Act. The ambitious statute standardized the enforcement and penalty regimes of nine federal environmental acts by introducing stiffer fines, new sentencing powers and considerations, and measures aimed at strengthening the government s ability to investigate and prosecute violations. Specifically, the EEA has increased maximum fine amounts, established minimum fines for certain offences, imposed liability on corporate directors and officers, and provided for sentencing guidance for courts by establishing principles and purposes of sentencing and also by identifying relevant aggravating factors that should be taken into account when determining sentence. The EEA has directed fines to the Environmental Damages Fund which funds community organizations in environmental restoration and research projects. Furthermore, the EEA has created a new statute, the Environmental Violations Administrative Monetary Penalties Act(hereinafter, the “EVAMP Act”) to establish a system of administrative monetary penalties for the enforcement of the nine amended Acts. The stated purpose in establishing this system is to provide an alternative to the penal system and to supplement existing measures to enforce the environmental Acts. In light of the abovementioned developments, this article, first, explains the detailed background and impetus to enact the EEA in Canada, and, next, examines the significance and specifics of the changes that this act brought to the enforcement landscape of the federal environmental regulation, and the sentencing regime. Furthermore, this article explains some contentious issues brought before the House of Commons in the course of legislating the EEA Bill and, lastly, it tries to draw some practical implications for the improvement of the Korean environmental enforcement system.

목차

Ⅰ. 서론

Ⅱ. 캐나다 환경집행법 제정의 배경과 의의

Ⅲ. 캐나다 환경집행법의 주요 내용 Ⅰ : 집행체제를 중심으로

Ⅳ. 캐나다 환경집행법의 주요 내용 Ⅱ : 양형제도를 중심으로

Ⅴ. 주요 쟁점 및 시사점

키워드

환경규제의 집행(environmental regulatory enforcement) 캐나다 환경집행법(the Canada Environmental Enforcement Act) 캐나다 환경법 위반행위에 대한 행정상 금전제재에 관한 법률(the Environmental Violations Administrative Monetary Penalties Act) 양형원칙(sentencing principles,) 가중요소 (aggravating sentencing factors) 기업 이사･ 임직원의 개인 책임(directors’ and officers’ liability)