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A Study on Enhancing the Function of the Water Commission for Water Dispute Mediation

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A Study on Enhancing the Function of the Water Commission for Water Dispute Mediation A Study on Enhancing the Function of the Water Commission for Water Dispute Mediation By KIM, Jingon CAPSTONE PROJECT Submitted to KDI School of Public Policy and Management In Partial Fulfillment of the Requirements For the Degree of MASTER OF PUBLIC MANAGEMENT 2020 A Study on Enhancing the Function of the Water Commission for Water Dispute Mediation By KIM, Jingon CAPSTONE PROJECT Submitted to KDI School of Public Policy and Management In Partial Fulfillment of the Requirements For the Degree of MASTER OF PUBLIC MANAGEMENT 2020 Professor Lee, Junesoo A Study on Enhancing the Function of the Water Commission for Water Dispute Mediation By KIM, Jingon CAPSTONE PROJECT Submitted to KDI School of Public Policy and Management In Partial Fulfillment of the Requirements For the Degree of MASTER OF PUBLIC MANAGEMENT Committee in charge: Professor Lee, Junesoo, Supervisor Professor Hwang, Phyll Sun Approval as of December, 2020 ABSTRACT A Study on Enhancing the Function of the Water Commission for Water Dispute Mediation By Kim, Jingon In August 2018, Moon Jae-in’s government enacted the Framework Act on Water Management in order to improve the quality of life of the people through sustainable water management. In June 2019, the Enforcement Decree of the Framework Act on Water Management was promulgated and the Presidential and Basin Water Commissions having a function to mediation water disputes consisted. Even though various organizations are managing to public conflicts including water disputes before the Water Commissions, many water disputes are still going on nationwide, and the social costs to be paid continue to increase. In order for the Water Commissions to perform the function of water dispute mediation well, it is necessary to accurately grasp the problems of water dispute mediation in the past and come up with measures to overcome them. In this study, I examined the methodologies for water dispute mediation and derive the characteristics of water dispute through the survey and analysis of 17 water dispute cases. And then, I evaluated the role and limitations of existing water dispute mediation agencies. Finally, I suggested 5 measures for the Water Commissions to successfully carry out the water dispute mediation function. The proposal of this study is expected to contribute to the normal performance of the water dispute mediation function of the Water Commission. TABLE OF CONTENTS 1. Introduction ......................................................................................................................1 2. Literature review .............................................................................................................2 3. Research method ..............................................................................................................3 3.1. Subject and scope of research ..................................................................................3 3.2. Research method .......................................................................................................3 4. Methodology of water dispute mediation and analysis of water dispute cases in Korea ..............4 4.1. Definition and types of water dispute ......................................................................4 4.1.1 Definition of public conflict and water dispute ................................................4 4.1.2 Type of water dispute .........................................................................................5 4.2 Methodology of water dispute resolution ................................................................8 4.2.1 Alternative Dispute Resolution(ADR) ...............................................................8 4.2.2 Benefit sharing ....................................................................................................10 4.3. Water dispute case study and analysis by basin ....................................................10 4.3.1 Water disputes in national level .........................................................................12 4.3.2 Water disputes in Han river ...............................................................................14 4.3.3 Water disputes in Nakdong river ......................................................................18 4.3.4 Water disputes in Geum river ...........................................................................22 4.3.5 Water disputes in Yeongsan and Seomjin rivers .............................................23 4.3.6 Analysis of water dispute cases by basin ...........................................................25 5. Measures to strengthen the dispute mediation role of the Water Commission .........30 5.1. Current status of water dispute settlement organizations ....................................30 5.1.1 Office for Government Policy Coordination ....................................................31 5.1.2 Anti-Corruption and Civil Rights Commission ...............................................31 5.1.3 Environmental Dispute Mediation Committee ................................................32 5.1.4 Conflict Coordination Council ..........................................................................33 5.2 Status and role of the Water Commission ...............................................................33 5.2.1 Legal basis and roles of the Water Commission ..............................................33 5.2.2 Procedure of water dispute mediation by the Water Commission ...............................34 5.2.3 Restrictions and expected problems of Water Commission's water dispute mediation .........36 5.3 Measures to strengthen the dispute mediation role of the Water Commission ...............37 5.3.1 Arranging criteria for water dispute settlement ..............................................37 5.3.2 Securing the operational efficiency of the Commission ...................................38 5.3.3 Establishing the status of the Water Commission ...........................................39 5.3.4 Improvement of water dispute mediation method ...........................................39 5.3.5 Establishment of social compromise ways for deliberation discussion ..........40 6. Conclusion ........................................................................................................................40 Bibliography ...........................................................................................................................43 LIST OF TABLES Table 4-1. Types and cases of water disputes by river functions ......................................6 Table 4-2. Types of water disputes by the cause of conflict ..............................................7 Table 4-3. Comparison of characteristics and advantages and disadvantages of trials and ADRs ......9 Table 4-4. Water disputes in progress in each large basin .................................................11 Table 4-5. Key stakeholders by water dispute ...................................................................26 Table 4-6. Major issues in water disputes ..........................................................................28 Table 4-7. Causes of water disputes ..................................................................................29 Table 5-1 Composition and role of the Presidential and Basin Water Commissions ........35 LIST OF FIGURES Figure 3-1. Typical logical analysis tools ..........................................................................4 Figure 4-1 Win-win plan for water price conflict in Chuncheon city ................................15 Figure 4-2. Location map of Singok submerged weir downstream of Han river ..............17 Figure 5-1. Status of public conflict management organization ........................................31 1. Introduction In August 2018, Moon Jae-in’s government established the Framework Act on Water Management in order to improve the quality of life of the people through sustainable water management. The Framework Act on Water Management provides the fundamental concept and policy direction on water management, and also includes the establishment of the National and Basin Commissions to deliberate and resolve important matters of water management. (the Framework Act on water management, 2018) In June 2019, the Enforcement Decree of the Framework Act on Water Management was promulgated and the National and Basin Water Commissions consisted. The two main functions of the Water Commissions are to deliberate and resolve the National Basic Plan for Water Management and to mediation water disputes. Currently, the Water Commissions are preparing for detailed matters for water dispute mediation, such as procedures and criteria. Even before the Water Commissions were established by the Framework Act on Water Management, various efforts were made to mediate water disputes from the Office for Government Policy Coordination, the Anti-Corruption & Civil Rights Commission, the central governments. Despite these efforts, however, many water disputes are still going on nationwide, and the social costs to be paid continue to increase. In order for the Water Commissions to perform the function of water dispute mediation well, it is necessary to accurately grasp the problems of water dispute mediation in the past and come up with measures to overcome them. In this study, I examined the methodology for water dispute mediation and derive the characteristics of water dispute through the survey and analysis of 17 water dispute cases. I evaluated the role and limitations of existing
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