이산화탄소 지중저장시설의 입지결정과 주민참여절차의 보장

Abstract

Due to the increase of greenhouse gases and climate change problems caused by excessive use of fossil fuels, CCS technology has been admitted as an essential technology to respond to climate change in the international community. The problem is that geological storage of carbon dioxide poses risks and uncertainties about potential leaks. As the CCS project, which has been in progress for many years, was suspended due to concerns that it could damage the surrounding environment and ecosystem, such as the case of Yeongilman Bay in Pohang, the issue of resident acceptability is emerging as an important legal issue. In terms of site selection and resident participation procedures for CO2 geological storage facilities, it was confirmed that the successful case obtained consent from residents and the anxiety relief about risk, but that the failure case didn’t. In the meantime, the carbon dioxide geological storage demonstration project had potential conflicts, because it fundamentally excluded the participation of local residents in the site decision under the name of R&D project. First, democracy and rule of law should be faithfully realized by enacting a general law on carbon dioxide geological storage as soon as possible and removing blind spots in the administration of the rule of law in the establishment of national projects. Second, in consideration of the legal reality that carbon dioxide geological storage is promoted as a researchdemonstration project, before the general law was enacted, it is necessary for resident participation and information provision in the site determination and implementation process to be made compulsory by amending relevant laws such as the 「National R&D Innovation Act」. Third, it is necessary to introduce the plan confirmation procedure and the early public participation system into the 「Administrative Procedure Act」. If it is difficult for the legislative strategy to introduce the plan confirmation procedure, which includes the provision of ‘administrative decision and intensive effect through the intensive participation of interested parties’, it is necessary to introduce the early public participation system into the 「Administrative Procedure Act」. It can secure democratic legitimacy in location decision-making through guaranteeing resident participation and providing information on the government project as to a social conflict facility.