Pukyong National University

'Academia pays attention' to a new interpretation of the law to improve the environmental inequality of marine pollution

- Dr. Choi Seok-Moon of PKNU won the grand prize in the thesis contest of the Korean environmental law association

A legal interpretative method to improve the environmental inequality of marine pollution, which causes great damage not only to sea creatures but also to the socially disadvantaged, is drawing attention from academia.

Choi Seok-Moon (Ph.D. program graduate) from the department of law at Pukyong National University (President Jang Young-Soo) won the grand prize (from environment minister) in the 13th graduate student environmental law excellent thesis contest hosted by the Korean environmental law association (Director Ham Tae-Seong) recently held at Kookmin university with his thesis 'A legal study to improve the environmental inequality of marine pollution' (academic advisor Park Jong-Won). The prize money is two million won.

In this paper, Choi received the most excellent evaluation for suggesting a legal interpretative method based on the legal theory of environmental justice in order to solve the problem of environmental inequality suffered by the socially disadvantaged such as local residents or the next generation due to marine pollution.

Choi pointed out problems in this paper, "The socially underprivileged do not fully enjoy the benefits provided by the marine environment and bear the risk of marine pollution, not getting enough information about marine pollution and formally participating in the decision-making process and they are experiencing environmental inequality in that they do not receive prompt and sufficient relief from marine pollution damage."

To solve this problem, he proposed a plan to expand the effect of environmental rights and equal rights, strengthen active examination of defects in marine environmental impact assessment, ensure access to information on marine pollution damage, and distribute practical responsibilities to those responsible for marine pollution.

In his thesis, he is emphasizing "Since the damage caused by marine pollution is widespread and it is difficult to prove a causal relationship, the judiciary should recognize the specific effect of the environmental right so that the victim can directly exercise the right to claim for removal of disturbance and a claim for damages," and saying "In addition, it is necessary to strictly apply the excessive prohibit principle to strengthen the national environmental protection obligation against marine pollution and to strictly examine environmental inequality caused by marine pollution according to the proportional principle."

He suggested, "The judiciary should actively examine the substantive and procedural flaws of the marine environmental impact assessment, guarantee access to information on marine pollution damage to the socially disadvantaged, and expand the scope of recognition of the qualifications for marine pollution damage lawsuits," and added, "In addition, the scope of the factors of the cause of pollution should be interpreted in a way that includes the person who caused the pollution and carefully judges the damage and value of the marine environment itself in administrative litigation." <Pukyong today>