자원에너지의 안정적인 공급망 확보를 위한 법제 연구

Abstract

The hegemony over energy resources has been intensified day by day with the increasing conflict over trade between the US and China, a deadlock on Global Value Chain, and the outbreak of war between Ukraine and Russia. These crisis over energy has been putting burdens on Korea especially in terms of supply of energy and raw materials. Since China is the biggest exporter of magnesium demanded by the world (accounting for 87% of China’s production), any risks of a short supply or a surge in price in China will inevitably impact the Korean automobile industry to a great degree. Moreover, the uncertainty over the domestic supply and prices of energy has been increased due to the crisis over Russia and Ukraine. It would cause the increase in electricity and gas price and eventually in the cost of living, which would deal a blow to the overall domestic economy by shrinking household’s spending and corporate investment. Korea relies on import for 93% of its energy consumption and 95% of its demand of materials. Stable energy resources are essential for the country in short of resources to secure its economic security as the world’s top-ten strong economic power and to leap forward in the glboal economy. In other words, one of the tasks of a modern state is to provide safety by supplying energy resources such as oil, gas, electricity, and minerals. Daseinsvorsorge is a task and duty for the state to secure as a basic prerequisite for the living and survival of its people. The stable supply of energy resources plays a key role in energy politics and an inevitable element for a sustainable and stable economy and society of a modern industrial state. Korea's current Constitution does not explicitly stipulate energy security through stable energy supply including the obligation to store energy, diversification of resource energy, and stronger cooperation with resource-rich countries. However, the ‘Mining Industry Act’, the ‘Overseas Resources Development Business Act’, and the ‘Submarine Mineral Resources Development Act’ were established under the constitutional foundation provided by the Article 120(1) of the Constitution. Other legislation enacted for stable energy supply are the ‘Energy Act’, the ‘Petroleum and Petroleum Alternative Fuel Business Act’, the ‘Urban Gas Business Act’, the ‘Coal Industry Act’, the ‘Energy Use Rationalization Act’, the ‘Mining Act, the Overseas Resource Development Business Act’, and the ‘Seawater Resources Development Act’. Those laws, however, were enacted before the global conflicts and crisis such as the trade conflicts between the U.S. and China, disruptions over Global Value Chain, and the Russia and Ukraine crisis, which means those laws could have limits to address Korea’s economic and industrial difficulties and inflation caused by such emergencies. Therefore, this paper proposes the enactment of ‘Special Act on National Resources Security (tentative name)’ as a way to build a new energy security system that are preemtive, comprehensive and flexible in preparation for global crisis. This proposed Act contains provisions related to three areas: For the management of energy resources in normal peaceful times, the proposed Act stipulates the development, purchase and procurement of core resources, designation of emergency mobilization mines, recycling of resources, and designated management of key supply agencies. For the management of energy resources in the events of emergencies, the proposed Act stipulates provisions on the designated management by a demand management agency, order to bring in key resources, the use of stockpiled resources, mining of emergency mobilization mines, measures for stable supply, cap on selling prices of key resources, and special occasions. For the measures for emergency, the proposed Act stipulates provisions on the establishment of emergency response manual, counter-measure training and international cooperation, R&D, capacity building and human resources in order for the establishment of urgent measures, the diversification of importer countries, and maintenance of stockpiles for energy resources with higher dependence on foreign countries.