저탄소 녹색성장 기본법안의 실효성 증진방안

Abstract

3 groups composed by members of the National Assembly of Korea rendered 3 bills relating climate change last year and early this year, and then the Government also rendered the Green New Deal(GND) Bill in face of the economic depression to the Assembly on February in this year. The Government for the first time announced the Climate Change bill but afterward revoked it and then brought a new bill substituting the former bill. The Special Committee of National Assembly for Climate Change is so undergoing review of 4 bills relating the Climate Change and the Green New Deal. The GND bill which was rendered by the Government hit the point of enhancement for economic growth through the paradigm shift from the non-green economy to the green economy as well as encountering with the Climate Change. But the GND bill has many problems in respect of legal theory and relations with another present rules. For example, the GND bill has some obscure concepts like the "green growth", "the green finance" and "the green industry", and its application coverage is too broad to regulate the overall legal relations about economy. The GND bill is also going to change the Basic Act for Sustainable Development and then put the concept of Environmental Sound and Sustainable Development(ESSD) under the concept of the green new deal(GND). It is more suitable in respect of legal stability for the GND bill to make short of its coverage, taking into account of another present rules like the Basic Act for Sustainable Development and the Basic Act for Energy which are apt to serve the goal of climate change and green new deal(GND) without subordinate relationship between the new GND bill and the old ESSD bill, because we can't find out any differences between the concept of GND and the concept of ESSD. The GND bill is requesting the Promotion of Conversion of Industrial Structure into Environmental Style [PCISES] Act to promote the green industry, so this Act should be revised to receive the request for the conversion of industrial structure according to the principles of the GND bill. But the coverage of the PCISES Act is too narrow to admit all the request of the GND bill, therefore the GND bill should prepare another apparatus for covering wholly green industry. At the same time, the GND bill should be given a supplementary legal system about making green jobs through adjusting legal relations among relevant rules like the Labor Standard Act.