녹색성장과 환경법제의 대응

Abstract

This paper reviews the implications of the bill for the Low Carbon Green Growth Framework Act that has been announced by the government for legislation on February 25, 2009. This paper then goes on to propose a way to harmonize such relationship by analyzing the relationship between the proposed bill and other environmental laws. From the perspectives of environmental law, the proposed bill is the first ever general legislative solution posed to respond to the climate change issue and proposes to be a new law providing general scheme for environment protection. The proposed bill is also interesting for more active use of economic incentives compared to other environmental laws in Korea. However, there is a risk of the proposed bill having overlapping or conflicting scope or content with existing environmental laws. First, a term “green growth” is defined as development under harmony of environment and economy without mentioning of equity, which creates uncertainty in its relationship between a concept of sustainable development and green growth. Secondly, the greenhouse gases which are regulated under the proposed bill have already been being regulated under the Clean Air Conservation Act, and the emission trading system under the proposed bill has also already been being regulated under the Special Act on the Improvement of Air and Environment for Seoul Metropolitan Area. Such overlapping regulation calls for the adjustment of scope of regulation between them. Thirdly, the Act on the Promotion of the Conversion into Environment-Friendly Industrial Structure, the Development of and Support for Environmental Technology Act and the Act on the Encouragement of Purchase of Environment-Friendly Products already provide for support and assistance of green economy or green industry (which is also covered by the proposed bill), requiring coordination between the existing laws and policies and the proposed bill for its harmonious implementation. To conclude, more detailed coordination work is necessary with respect to the proposed bill and the existing environmental legal system in order for the proposed bill to achieve its objectives and policies in harmony with the existing environmental legal system.