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저탄소 녹색성장에 대한 법정책적 과제

A Problem on the Legal Policy to the Low Carbon and Green Growth

법학논총 v.28 no.3 , 2011년, pp.127 - 158  

In the past century, Korea was in ruins due to war. But in the world, Korea led to high economic growth. The Republic of Korea in 2010 achieved the incredible economic growth such as the gross domestic product (GDP) 1,172.8 trillion won and the per capita national income (GNI) $ 20,759. Behind scenes of economic growth, the Korea Industry was based on the consumption of fossil fuels such as coal and oil, the emission of greenhouse gases such as carbon.However, the historical situation and the domestic flow was significantly changed. Emissions of greenhouse gases such as carbon and the resulting climate change, water scarcity and food shortages, including the issue of resources has caused the energy crisis. No longer rely on fossil fuel industry-technology can not achieve sustainable economic growth. If the growth pursued in carbon emissions, the international community can not escape from the target of environmental regulation faced with the situation.Government of Korea in 2008, 8.15 Independence Day Celebration Speech ‘Low Carbon,Green Growth’ and was presented with the vision of the future national development.Three years have passed since then. ‘Low Carbon, Green Growth’ legislation to implement the many laws tried and accordingly, the green legal structure was formed.There are ‘Low Carbon, Green Growth’ and the relevant international conventions and protocols and national legislation. 1992 “UN Framework Convention on Climate Change,”1997 “Kyoto Protocol to the UN Framework Convention on Climate Change”, 2002 “Johannesburg Declaration on Sustainable Development,” 2005 “Seoul Initiative Network on Green Growth,2009” Copenhagen Accord” and much more.The United States, Japan, and EU countries such as Britain and France, made regulation on the carbon emissions cause by greenhouse gas and climate change and energy. It is issues to be solved with major national challenges. EU’s “20ㆍ20ㆍ20 Climate and Energy Package 2008”, Britain’s “Climate Change Act 2009”, the French “Loi Grenelle Environnement 2008”, America’s “force report on the greenhouse gas emissions(Mandatory Reporting Rule:MRR 2010)”, Australia’s “National Greenhouse and Energy Reporting Act 2007”, and was legislative.The purposes of the law policy for ‘Low Carbon, Green Growth’, the one is means to carbon emission regulations related to environmental conservation and protection and the other industrial growth. These law policy of green legal structure can be to achieve the purposes through the various laws and regulations.But ‘Low-Carbon Society’ and ‘Green Growth’ that you want to achieve at the same time is a contradiction. I wonder if that is the objective can be achieved simultaneously.Green legal system including “The Framework Act on Low Carbon and Green Growth”,the ‘green growth’ should be driven by the center of the law policy. “Low-carbon society”goal transferring to the “Environmental Policy Framework Act” “including various environmental laws is preferable. And so, the laws to solve the problems of redundancy or conflict, and consistent legal systems of the green legislation will be able to form a consistent direction.In addition, green growth-related business decisions or enforcement powers, such as “The Committee on Green Growth” is concentrated. The overhaul must be done. And ‘Green Growth’ trend or movement on the world must be made for the thoughtful review. Settlement of international norms and taking into account the situation of foreign legislation, and to maintain appropriate levels of resources to the benefit of the country is advantageous

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