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2023 Vol.28, Issue 6
Characteristics of Korea’s Groundwater use Rights and Suggestions for Groundwater Management Direction

우리나라 지하수 이용권의 특성과 지하수 관리 방향 제언

Ayoung Jeong1
,
Yunjung Hyun1*
,
Eun-jee Cha1
,
Jongwon Kim2
정 아영1
,
현 윤정1*
,
차 은지1
,
김 종원2
1Group of Water and Land Research, Korea Environment Institute, Sejong 30147, Korea
2College of Global Leaders, Yeongnam University, Kyungsan 38541, Korea
1한국환경연구원 물국토연구본부
2영남대학교 글로벌인재대학
*Corresponding Author
31 December 2023. pp. 1-8
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Abstract

In order to efficiently manage groundwater resources, it is necessary to establish clear definition about the rights to use groundwater because it directly governs the interests of various stakeholders, from users to policy makers. In this paper, we examined the characteristics of Korea's rights to use groundwater through legal precedents, public recognition, laws, and institutional stipulaton. Inclarity about the scope and definition of the right, and the absence of legal basis ruling the exclusion and duration of groundwater use have entailed numerous cases of legal disputes between the parties with incompetible interests. In the perception survey, various responses were obtained from the surveyee regarding the scope of rights perceived by groundwater users, how to respond to groundwater shortages, and opinions about expanding public uses of groundwater. In Korea, the legal authority to use groundwater is governed by different laws while considering groundwater as both private and public property. In foreign countires, the right to use water is separated from property ownership, and it limits the volume and pumping rate of groundwater during a specified period. In order to better manage groundwater resources, it is necessary to come up with a public consensus on the right to use groundwater by considering the opinions of various stakeholders and accomodating them in adminstrative effort in directing groundwater management.

Keywords
Groundwater use right
Characteristic
stakeholder
management
scope
References
1

AQUAOSO, Water Rights by State, https://aquoso.com/waterrights [accessed 23.11.20]

2

Constitution of the Republic of Korea, Article 120 Paragraph 1.

3

Drinking Water Management Act, Article 1, 9.

4

Framework Act on Water Management, Article 8.

5

Groundwater Act, Article 2, 7.

6

Griffin, R. C.: Kim, J. W and Kim C. H., 2019, Water Economics, Piona.

7

Han, S.W., 2021, Measures to improve the groundwater management system considering the publicity of the groundwater, Environmental Law and Policy, 27, 275-307.

10.18215/elvlp.27..202109.275
8

Hot Spring Act, Article 1, 12, 16.

9

Hyun, Y. J. et al., 2022, Establishing Institutional Basis for Efficient Use and Allocation of Groundwater, Korea Environment Institute.

10

Income Tax Act, Article 21, Paragraph 1.

11

Kim, S. S., 2018, Legal Qualification of the Right to Use Water as a Subjective Right or a Property Right Under the Expropriation Act, Kyung Hee Law Journal, 53(4), The Institute of Legal Studies, Kyunghee University, 41-66.

12

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10.14770/jgsk.2021.57.6.855
13

Ministry of Environment, 2020, First National Water Management Framework Plan (2021-2030).

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OECDa, 2015, Water Resources Allocation: Sharing Risks and Opportunities, OECD Studies on Water, OECD Publishing.

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OECDb, 2015, Water Resources Allocation: Sharing Risks and Opportunities – Country Profile : Australia, OECD Studies on Water, OECD Publishing.

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OECDc, 2015, Water Resources Allocation: Sharing Risks and Opportunities – Country Profile : United Kingdom, OECD Studies on Water, OECD Publishing.

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Supreme Court 1999.11.26. Sentencing 99다21776 Judgement.

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Supreme Court 2005.07.29. Sentencing 2003두2311 Judgement.

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Information
  • Publisher :The Korean Society of Soil and Groundwater Environment
  • Publisher(Ko) :한국지하수토양환경학회
  • Journal Title :Journal of Soil and Groundwater Environment
  • Journal Title(Ko) :지하수토양환경
  • Volume : 28
  • No :6
  • Pages :1-8
  • Received Date : 2023-12-06
  • Revised Date : 2023-02-14
  • Accepted Date : 2023-12-15
  • DOI :https://doi.org/10.7857/JSGE.2023.28.6.001
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