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Policy ＆ Cases

Symposium. Policy ＆ Cases. July 29, 2010. Republic of Korea, National Environmental Dispute Resolution Commission. Contents. 5. Future Tasks. 2. 3. 1. 4. Performance. Launch and Purpose. Organization and Duties. Institutional Improvements. 1. 1 . Launch and Purpose.

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Policy ＆ Cases

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  1. Symposium Policy ＆ Cases July 29, 2010 Republic of Korea, National Environmental Dispute Resolution Commission

  2. Contents 5 Future Tasks 2 3 1 4 Performance Launch and Purpose Organization and Duties Institutional Improvements 1

  3. 1. Launch and Purpose OProtect the public’s rights with simple procedures and at small expenses O Investigate damage with official authority →Identify causes and effects → Make decisions * Civil suit: Victims have to prove causal relationship and bear significant economic burdens. O National Environmental Dispute Resolution Commission: June 1991 - Permanent institution under the Ministry of Environment - Enactment of an act on environmental dispute resolution: July 1990 O Local Environmental Dispute Resolution Commission: June 1991 - Non-permanent institutions of cities and provinces ` 2

  4. 2. Organization and Duties (1) OOrganization: 15 commission members - public officials, lawyers, experts in noise and vibration , medical doctors, zoologists, botanists, etc. - appointed by the President for the term of two years O Coverage - Dispute resolutions with the nation and local governments as parties - Dispute resolutions that range over two and more cities and provinces - Adjudication of environmental* disputes (amount of resolution exceeding 100 million Korean won) - Compulsory resolution - Cases of not following decisions of local dispute resolution commissions (relevant laws under revision) * air, water, soil, marine pollution, noise & vibration, order, destruction of natural ecosystems, obstruction of sunlight, ventilation and view, etc., not including damage from nuclear pollution 2

  5. 2. Duties (2) O Types of Judgment - Intercession: induce conciliation (3 months) Coordination- Mediation: The commission draws up a mediation plan after examining the caseand recommends both parties to accept the plan (9 months) - Adjudication: The commission makes judgments after examining causal relationship and the amount of damage(9 months) ※ Local commissions: · Deputy mayors of cities or deputy governors of provinces serve as chairs. · Coordination of environmental dispute cases within their jurisdictions · Adjudication of disputes worth less than 100 million Korean won(June 2003) Yet, among coordination, compulsory mediation and adjudication involving the nation and local governments, obstruction of sunlight, ventilation and view is excluded. 2

  6. 3. Performance (1) O Recent 3 years - Continuous increase in disputes is a complex result from the increase in construction sites and promotional activities including disclosure of cases on websites - For swift handling of disputes, the number of adjudication meetings increased from twice a month to three times a month (2009) 2

  7. 3. Performance(2) O Over the last 20 years(July 1991~December 2009) - Received 2,647 cases, handled2,242 cases, 308 cases repealed voluntarily, 97 cases under examination - Causes of damage (cases): noise and vibration1,922 (86%) air pollution152 ( 7%) water pollution66 ( 3%) others (obstruction of sunlight, ventilation, etc.) 93 ( 4%) - Details of damage: psychological damage888 (40%) construction+ psychological damage526 (24%) damage to livestock 286 (13%) damage to agricultural crops138 ( 6%) other damage 404 (17%) * others: fisheries, business losses, groundwater pollution, soundproof facilities, etc. 2

  8. 4. Institutional Improvements (1) OEnhancement of effects of adjudicative decisions (March 2008) - Effect of consent under the civil law → effect of reconciliation by trial, enforceable based on the adjudicative decision O Enhancement of the public’s convenience (2008 ~ May 2010) - Among the cases worth less than 100 million Korean won, disputes that are under proceedings of the National Environmental Dispute Resolution Commission or have occurred due to the same causes - Cases can be received on-line and handling fees are exempted on-line - Decisions by local dispute resolution commissions can be applied for adjudicative decisions of the national dispute resolution commission (Under revision by the National Assembly) 2

  9. 4. Institutional Improvements (2) - When victims are the socially vulnerable such as the elderly and the disabled, the sites of the damage are first visited. Environmental dispute resolution consulting services are provided including counseling and then application for dispute resolutions is supported. - Education about redemption of rights for victims of environmental pollution - An online information system established (Dec. 2009) · The public’s accessibility to information is improved with disclosure of cases and Q&A on websites. · A digital court is operated for members of the commission. 2

  10. 5. Future Tasks (1) OPromotion of prevention - Increased prior education for those who provide causes for environmental disputes such as the construction industry OPromotion of the compulsory mediation system - Requirements: · Serious damage to human lives and bodies due to environmental damage · Disputes which can have large social impacts such as conflicts with regard to establishment and management of environmental facilities · Disputes whose expected resolution amount is more than 1 billion Korean won OReduction of handling period and enhancement of the rate of settlement - Reduction of handling period (9 months) increases satisfaction of applicants but impede settlement/coordination between parties → need to harmonize reduction of handling period and the rate of settlement 2

  11. 5. Future Tasks (2) O New fields of disputes - Prospect rights, special noise and vibration, increased damage to crops resulting from obstruction of sunlight, etc. O Promotion of environmental organizations’ application for coordination - Requirements: · Non-profit organizations under the civil law established with the approval of the Minister of Environment · Organizations whose purpose is to protect and promote the public’s interests including environmental conservation under the articles of association · Organizations whose member are more than 100 and as of the application date have worked for more than 2 years in the natural environment field as a corporation - Requirements for application: When damage occurred or is very likely to occur due to serious destruction of natural ecosystems O An international symposium (to be held in July 2011) - 20th anniversary (review the performance so far and seek ways of further development) - Share the cases of each nation’s court, ADR systems, etc. 2

  12. Thank you. e-mail : bestteam@korea.kr broaden@korea.kr

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