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A Study on the Application of the Mitigation System for Efficient Management of Coastal Wetlands in Korea -Enhancement of Legal Regime-
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  • Journal title : Ocean and Polar Research
  • Volume 25, Issue 4,  2003, pp.545-555
  • Publisher : Korea Institute of Ocean Science & Technology
  • DOI : 10.4217/OPR.2003.25.4.545
 Title & Authors
A Study on the Application of the Mitigation System for Efficient Management of Coastal Wetlands in Korea -Enhancement of Legal Regime-
Park Seong-Wook; Kwon Moon-Sang; Lee Yong-Hee; Lee Charity Mi-Jin;
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 Abstract
It is widely known that compare to many other countries, the U.S.A. has a strong framework for efficient implementation of mitigation policy to protect wetlands. As indicated in many strong mitigation initiatives, mitigation policy primary requires avoidance rule for wetland damage and if a developer inevitability damages wetlands, the development should be minimize, and as a last resort, the policy impose legal duty that a developer should compensate wetland corresponding to the damaged wetlands. However, the legal system fur Korea's mitigation system does not provide any legal duty for the compensatory mitigation, although the possibility of creation of tidal flat is casually expressed in several Korean legal systems. Therefore, without any strong and enforceable legal system, Korean mitigation system cannot efficiently protect Korea's vast and productive wetlands. To introduce mitigation policy similar to the U.S.A. in Korea, we suggest that there (a) should be a strongly policy which regulate legal duty for the compensatory mitigation, (b) should be an improve management system for actively corresponding to special knowledge relating to environment, and lastly, (c) should be a system which consider a class action introduced in environmental regime for a long term protection of tidal wetlands for future generation.
 Keywords
coastal wetlands;avoidance;minimize;compensate;restoration;creation;mitigation;
 Language
Korean
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