기후변화대응에서 지방자치단체의 권한과 역할에 대한 법적 검토

Abstract

With the implementation of the Framework Act on Carbon Neutrality, efforts at the national and local governments are continuing to reduce greenhouse gases and transition to a carbon-neutral society. However, the authority and role of local governments under the law are limited in that the space in which the efforts are made is local. Compared to the Framework Act on Low Carbon Green Growth, the tasks and roles that local governments must perform under the Framework Act on Carbon Neutrality have advanced. These include the climate budget system, greenhouse gas information management system, regional climate crisis response projects, and regional climate response funds. However, in terms of planning, the central government-centered plan is established, and the plan is partially embodied or carried out at the local level. The structure in which the opinions of local governments are reflected in policy formation is insufficient. The composition of the Carbon Neutral Committee does not include representatives of local governments. In a broad sense, climate change response affairs are mixture of autonomous and collective delegation affairs. Climate change adaptation affairs are likely to be included in autonomous affairs, but climate change response affairs in the sense of consultation are mixture of group delegation affairs and some autonomous affairs. There is also an opinion that climate change response affairs are viewed as autonomous affairs through nature protection. When establishing a local plan, it is important to reflect the characteristics of the region, and a system for measuring the performance and feedback of the plan should be established. Citizens' participation in the Local Carbon Neutral Green Growth Committee needs to be expanded, and information disclosure on discussion data should also be expanded. In order for the climate budget system to be effective, an evaluation in connection with post-performance must be made. Regarding the climate impact assessment, it is necessary to clarify whether the other party to the consultation is the Minister of Environment or the Governor of the Special Self-Governing Province. Deregulation and building permit rights act as a very important mechanism for the distribution of green buildings. In addition, for urban development in line with climate change, a public law contract called an urban development contract can be used. In order to enhance the role of local governments, it is necessary to lay the foundation for cooperation between the central government, local governments, and local governments. In addition, it is necessary to clarify the authority of the Governor of Special Self-Governing Province in relation to climate change response affairs. The substantiation of residents' participation is also an important task, and in addition to the Framework Act on Carbon Neutrality, attention needs to be paid to the enhancement of local governments' authority in individual acts. Even if legal authority and role are enhanced, a resource allocation system corresponding to authority and role must be established in order to implement affairs.