• Title/Summary/Keyword: 협의절차

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A Study on the Improvement of the Consultations on Amendment in Environmental Impact Assessment of Industrial Complex Development (산업단지 조성사업의 환경영향평가 변경협의 개선방안 연구)

  • Joo, Yong-Joon;Sagong, Hee
    • Journal of Environmental Impact Assessment
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    • v.31 no.3
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    • pp.129-140
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    • 2022
  • Environmental impact assessment on development projects is a process in which various stakeholders derive consultations by reflecting project characteristics and regional environmental status, and implementation of consultations is a prerequisite for securing sustainability of the local environment. The business plan can be changed to respond to changes in social and environmental conditions. And the business plan for which the environmental impact assessment consultation has been completed, it can be changed as a systematically prepared procedure (called Consultations on Amendment). As a result of investigating and analyzing the current status and major changes in the development project, Consultations on Amendment in industrial complexes were the most common, and the environmental impact is increasing accordingly. As the results of the analysis of operational status and the case studies, the main causes of Consultations on Amendment in industrial complex can be summarized into three categories: (1) formal demand forecasting for tenant industries, (2) excessive omission and simplification of administrative procedures under the Special Act, and (3) the use of an expedient change consultation system to facilitate environmental impact assessment consultation and shorten the period. This study proposes the following three measures to prevent the deterioration of the environmental impact assessment function due to frequent consultations on industrial complex changes; (1) Ensuring residents' participation procedures for Consultations on Amendment that changes important matters, (2) Reasonable revision of the "Simplification of Industrial Complex Procedures Act" to enhance the feasibility of industrial complex development plans and locations, (3) Development of evaluation criteria and methods for verification of real demand for objective demand management for industrial complexes, and (4) Preparation of a review guideline for Consultations on Amendment.

Review of Consultation Requirements Under Military Air Base Law (군용 항공기지법상의 협의제도에 대한 법적고찰)

  • Lee, Kwan-Hyoung
    • The Korean Journal of Air & Space Law and Policy
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    • v.18
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    • pp.385-444
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    • 2003
  • Current Military Airbase Law, in an effort to promote safety of military aircraft and security of military airbase, requires an administrative agency or its empowered branch to consult with the Secretary of Defense or the commander of the airbase before they issue a certain administrative approval or decision related to the installation. Although this consultation process purports itself in simplifying what can be an protracted administrative procedure, and in unifying objectives of the military and the administrative services, such procedural requirement is vulnerable inevitability of various legal problems whenever there is a conflict of interests among civil, military, government services. Nor is there sufficient studies done by academian in the area of bureaucratic issues of administrative resolution, and certainly not in the area of the military consultation procedure. This article, with such reality in mind attempts to constructively examine 1) when a consultation application is submitted, whether the discretionary power of the commander of the affected airbase is acknowledged at the outset; 2) if the content of the consultation is deemed unlawful, whether a civilian can institute an administrative lawsuit against it; 3) problems about the subject matters of the consultation requirement within the framework of military airbase law; 4) whether the issuing administrative agency must abide by and issue approval or decision in accordance with the opinion proposed by the said commander; 5) the legal problems of the remedial measure such as an order of removal, appellate review, notion to challenge authority, and etc. in cases such as administrative agency ignoring the commanders proposal or issuing final approval or decision that is inconsistent with what was consulted and agreed upon between both parties.

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가스시공 - 도시가스 사용자공급관 업무처리 절차

  • 대한설비건설협회
    • 월간 기계설비
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    • s.243
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    • pp.67-69
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    • 2010
  • 도시가스 시공은 특수분야로서 경험이 없으면 시공하기 힘들다. 또한 가스 시공은 국민의 재산보호와 직결되어 있으므로 시공 과정에서 많은 서류가 필요하고 인허가 및 안전점검이 특히 요구된다. 대한설비건설협회 가스설비공사협의회(위원장 이효련)는 지난해 한국도시가스협회와 협의를 통해 도시가스 사용자공급관(공동주택 등)의 행정절차 및 제출서류 간소화 및 표준화와 함께 현장에서 만연하고 있는 도시가스사의 부당행위를 강력하게 건의한 결과 이를 시정조치하여 가스시설시공업 회원사의 경영환경을 크게 개선했다. 본지는 도시가스 사용자 공급관 업무처리 절차를 살펴본다.

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표준하도급계약서 개정

  • 대한설비건설협회
    • 월간 기계설비
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    • s.224
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    • pp.45-45
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    • 2009
  • 원사업자가 발주자로부터 계약금액을 조정받지 아니한 경우에도 일부 품목의 가격이 급변동시 원사업자와 수급사업자는 상호 협의하여 서면으로 계약금액을 조정할 수 있도록 했다. 공정거래위원회는 납품단가 조정을 위해 지난 1월 10일 14개 업종의 표준하도급계약서를 개정했다. 서면계약서에는 대금조정요건, 방법 및 절차 등이 기재된다. 원사업자는 이 계약서에 따라 발주업체로부터 계약금액을 조정받지 못하더라고 수급사업자와 상호 협의를 통해 서면으로 계약금액을 조정해야 한다.

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Analysis of Local Government Environmental Impact Assessment (EIA) Ordinances and Preparation of Consultation Guidelinesfor EIA - A Case of Incheon Metropolitan City - (지방자치단체 환경영향평가 조례 현황 분석과 협의 지침서 작성 방안 - 인천광역시 사례를 중심으로 -)

  • Lee, Jongook;Cho, Kyeong Doo
    • Journal of Environmental Impact Assessment
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    • v.31 no.4
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    • pp.226-240
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    • 2022
  • Local governments over a certain size in Republic of Korea may conduct Environmental Impact Assessment (EIA) considering regional characteristics if it is necessary, in accordance with Article 42 of the 「Environmental Impact Assessment Act」. However, it was investigated that the number of local government EIA operation in many local governments was less than initial expectations. In order to improve it, the status of ordinances and consultation guidelines which are different for each local government need to be compared, and the institutional issues forthe relevant local governments must be found considering regional characteristics. Furthermore, detailed regulation and guidance on the local government EIA procedure should be included in the consultation guidelines and related information need to be provided. In this study, focusing on the case of Incheon Metropolitan City, the status of local government EIA ordinances in metropolitan cities and provinces with a similar condition was investigated, and the types and scope of target projects were compared and analyzed. In addition, consultation guidelines forIncheon Metropolitan City were written, and improvements on the procedure flow and overall schedule designation derived from the process were presented. In the case of Incheon Metropolitan City, there were no detailed information officially announced regarding the regulations of the local government EIA ordinance and follow-up management, so the administrative system of the local government needed to be reinforced in this field. Meanwhile, considering the status of local environment and geography, some target project types were deemed necessary to be added: port construction projects, water resource development projects, railroad construction projects, and military facilities installation projects. The results of this study will provide useful information to local governments which want to improve their operation effectiveness by reorganizing the local government EIA system and preparing specific guidelines.

Study on Policies for Integrated Pollution Prevention and Control (통합적 환경관리의 정책적 도입방안에 관한 연구)

  • Han, Sang-Woon
    • Journal of Environmental Policy
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    • v.8 no.4
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    • pp.149-169
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    • 2009
  • Integrated Pollution Prevention and Control(IPPC) has become an idealistic environmental prevention concept in developed countries and corresponds with principles of Industrial Ecology. The concept of emissions regulatory integration is a key factor for an integrated environmental management system. While most EU member countries have a cross-media regulatory system, Korea has a media-specific regulatory system which was found to have significant environmental management problems. The purpose of this study is to integrate the emissions regulatory system by resolving difficulties through procedural, organizational, and substantive analysis of integration. To this end, the following research was performed: The first task was to determine the target of the integrated emissions regulatory system. In connection with this, the "IPPC directive" of the EU and the "PPCA 2000" schedule 1 of the UK, as well as environmental laws in Korea were compared and analyzed. The second was to design a regulatory system model. This model was divided into three groups after considerations were made regarding the time it would take for the pre-application,application, and permission stages. Lastly, on the basis of this research, a revised bill for an integrated emissions regulatory system was suggested. Nevertheless, substantive analysis of integration focused on BAT requires supplementation in order to make the integrated emissions regulation system operate normally as an environmental management policy and regulation method. To this end, the specific characteristics of Korean society, culture, and law should be actively considered.

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Construction Processing Analysis of Domestic Bridges Crossing Navigable Waterways and Improvements (국내 항만횡단 해상교량의 건설 절차 분석 및 개선방안)

  • Lee, Yun-Sok;Cho, Ik-Soon;Park, Young-Soo;Park, Jin-Su
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.15 no.2
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    • pp.119-125
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    • 2009
  • Recently the construction of bridges crossing navigable waterways is being promoted aiming at expanding social infrastructure and optimizing the overland routes through private investment. The construction, however, tends to focus on more the commercial requirements than the marine safety and efficient port management that it has a big risk not only to fail in ensuring the safety of ship traffic, but also to muse some severe conflicts between the parties concerned. These problems result from the lacking of standards about the design guidelines and discussing process considering the marine traffic safety when designing bridges. This research attempts to show the problems mused by bridge construction and suggest the standard discussing process through the survey and process analysis on Kwangyang Bridge and Incheon Bridge.

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