초록 close

Korean and the U.S. governments have been discussing on details surrounding the returnsof the U.S. military bases since May 2005. However, the discussion is at a deadlock due toconflicting opinions between parties. Korean delegation argues that the U.S. Forces in Koreashould burden to delete polluting factors in accordance with the polluters pay principle andthe Tab A to the Joint Environmental Information Exchange and Access Procedures in 2003.However, based upon the provisions in the Memorandum of Special Understandings onEnvironmental Protection(hereinafter the Special Understandings), the U.S. delegation disagrees on the opinion of Korean delegation. In other words, under the Special Understandings, the U.S. Forces in Korea is responsible only when there is a clear and present danger to human health, and it is difficult to find such an eminent danger in the present issues. In particular, this article examined the U.S. laws, and the author concluded that the U.S. laws can apply unfavorably to hosting countries due to the lack of concreteness of the related legal standards. In addition, the passive attitude of the U.S. government on environmental harms by U.S. forces in foreign countries to minimize the environmental recovery payment is one of the reasons of spreading environmental conflicts between the U.S. forces and hosting countries.