환경영향평가의 적정성에 대한 현행 사법심사 기준의 비판적 검토와 대안 고찰

초록

The purpose of this article is to critically discuss the current judicial test with respect to the adequacy of Environmental Impact Statement(EIS) and to suggest its alternative test. Judicial observance of the substantial adequacy of administrative actions should not be abdicated just on the basis that EIS has been discussed by the MOE(Minister of Environment). The current judicial review test that the extraordinary inadequacy of EIS could make void of a permit by the administrative is to be revisited and supplanted with as follows: The informations relating to alternative of proposed actions and mitigation measures are proper and sufficient enough to serve the primary purpose of EIS, ultimately of Framework Act on Environmental Policy(FAEP), that EIS must be able to inform the public and ensure the environmental impacts of its actions being considered by agency, consequently support reasonable decision-making of the agency. If not as such, EIS would be found inadequate under FAEP, which would be a reason to set aside actions in question.

키워드