오늘날 국토개발 또는 자연개발의 명목으로 자행된 환경오염과 자연파괴는 심각한 사회문제를 낳았고, 이러한 문제를 해결하는 방식을 두고 비롯된 사회 구성원간의 이해관계는 첨예한 대립 양상을 보이면서 환경문제와 관련된 분쟁조정사건뿐만 아니라 환경관련소송으로 다투어지는 사안도 적지 않게 늘어나고 있다.환경관련법제는 그 본질상 공공정책적 입법으로서의 성격이 강하게 내포되어 있으며, 이에 따른 행정부의 역할은 더욱 강화되어 있다고 할 수 있다. 이런 의미에서 환경오염과 환경파괴 등 환경문제에 의해 침해되는 국민의 권리와 이익을 적극적으로 구제하여야 할 필요성이 더욱 강조되고 있으며, 행정기관의 환경법규 위반행위에 의한 침해에 대해서도 실효성 있는 행정소송 대책이 마련 될 필요가 있다. 그러나 우리의 행정소송법제는 지금과 같이 심각하게 대두되는 환경분쟁을 상정하고 제정된 것이 아니기 때문에, 현실적으로 다양하게 표출되고 있는 환경행정분쟁에 대해 적절하게 대응하지 못하고 있다. 따라서 우리의 행정소송법제가 개발 위주의 국가정책에 따라 발생하게 될 다수의 환경분쟁을 적정하게 처리하는데 기능을 발휘할 수 있도록 정비되어야 함과 동시에 행정소송법제가 국민의 환경권익을 보다 실질적으로 보장하는 구제제도로서 정착되어야할 것이다.

These days, a trend of disputes in the Environmental Administration is increasing along with the public’s environmental concerns. Especially a dispute of the parties who are involved in an action of suspention of execution concerning constructions in large scale national development plans captured public’s concerns so well. Industrialization and urbanization in the latter half of the 20th century give convenience in modern life but the massive amounts of waste which are not treated with natural rotation are accumulated. Consequently, the human rights to live are threatened by them. Also these environmental problems are general situation not only Korea but also all countries of the world. And it brings about mortal injury not only property damage but also the health and life. The environmental pollution and destruction of nature conducted in the name of national land development and nature development led to the environmental pollution and destruction of nature a social problem. according to existence to aspect of the sharpening conflicts between social members in the methods of solution, the cases not only environmental cases of the mediation and dispute but even actions related in environment are increasing considerably. However, most nations still have negative emotion about law suits and there will be realistic restrictions about the solution of a dispute because the time and expense. As a solution method about the violation of environmental rights, whether existing the codes of legal procedure cope with or not is checked up adequately. The legislative systems of administrative litigation passed 20 years ago are not institutionalized to deal with environmental disruptions that are arose variously. Accordingly, the purpose of this paper is to look into a plan of legislation concerning a dispute of environmental matter in the case of pushing the amendment of existing administrative litigation.

These days, a trend of disputes in the Environmental Administration is increasing along with the public’s environmental concerns. Especially a dispute of the parties who are involved in an action of suspention of execution concerning constructions in large scale national development plans captured public’s concerns so well. Industrialization and urbanization in the latter half of the 20th century give convenience in modern life but the massive amounts of waste which are not treated with natural rotation are accumulated. Consequently, the human rights to live are threatened by them. Also these environmental problems are general situation not only Korea but also all countries of the world. And it brings about mortal injury not only property damage but also the health and life. The environmental pollution and destruction of nature conducted in the name of national land development and nature development led to the environmental pollution and destruction of nature a social problem. according to existence to aspect of the sharpening conflicts between social members in the methods of solution, the cases not only environmental cases of the mediation and dispute but even actions related in environment are increasing considerably. However, most nations still have negative emotion about law suits and there will be realistic restrictions about the solution of a dispute because the time and expense. As a solution method about the violation of environmental rights, whether existing the codes of legal procedure cope with or not is checked up adequately. The legislative systems of administrative litigation passed 20 years ago are not institutionalized to deal with environmental disruptions that are arose variously. Accordingly, the purpose of this paper is to look into a plan of legislation concerning a dispute of environmental matter in the case of pushing the amendment of existing administrative litigation.

an action related environment, a dispute of environment, an environmental right, environmental administrative lawsuit.