댐용수 사용료 징수권과 관련된 갈등 조절- 한강을 중심으로 -

초록

Water, an inevitable resource to human life and survival, is one of natural major resources such as land, forest and so on which consist of a country. Conflicts are increasing, however, among riparian regions and local autonomy groups, due to the water shortage from global climate changes, human's cognitive changes and the changes of people's life-style in the modern social economy. Such causes are found as well in current water regulation systems that are vague on the rights and responsibility. In Korea, the water rights are defined in the Civil Code, the Rivers Act, and Dams Act for Surrounding Areas. Dams Act, however, endows the Korea Water Resources Corporation with monopolistic, exclusive water rights on stored dam water and river water discharged from dam, that the nation's patent right conflicts with water rights based on the Civil Code that is the nation's customary and basic code, under the current Dams Act, conflicts arise between the two, the Korea Water Resources Development Corporation and local autonomy groups that have rights under the Civil Code. Having analyzed the situation of western states in U.S. where adopted Appropriative rights doctrine and, particularly, the reserved water rights that were remained by the government so as to protect the natives' natural rights who had Riparian Rights Doctrine, the followings can be concluded. When establishing similar systems like Appropriative rights doctrine that is developed in a nation which has different environment and history, a systematical action is necessary that keeps the vested right as the local autonomy groups' or riparian people's customary water rights. Also, current Water Rights should recognize a kind of the riparian people's time immemorial priorities, so called "the reserved water rights", not constructor's Appropriative rights doctrine that builds dams.

키워드