탄소중립 실현을 위한 해상풍력특별법의 쟁점과 개선방안 연구

Abstract

Implementing offshore wind power projects in Korea is currently a complex and lengthy process due to the fragmented legal procedures. In order to overcome these limitations, Kim Won-yi, Han Moo-kyung, and Kim Han-jeong proposed bills for the Offshore Wind Power Special Act in the 21st National Assembly, but the bill was eventually discarded due to the expiration of the term. As the 22nd National Assembly commences its term of office, there is ample opportunity for the reintroduction and discussion on these proposals, yet skepticism remains if said revisions can be considered necessity. This article highlights the need for a Special Act on Offshore Wind Power, compares the proposals by Han Moo-kyung and Kim Han-jeong, and examines key issues. From this analysis, it identifies problems and suggests improvements. Five improvement measures were proposed to improve the Special Act on Offshore Wind Power. First, it should be revised to conform to the new and renewable energy law and the legislative purpose, which can be called the general law of the offshore wind power special act. Secondly, it should be revised to give legally binding power to the deliberation and resolution of the offshore wind power committee in which the heads of related administrative agencies and experts participate. Thirdly, a comprehensive framework should be established to enable the committee to mediate disputes, hold public hearings and briefings, increase public engagement, and coordinate with citizens, including provisions for online public hearings and briefings via information and communication networks. Fourthly, basic design documentation for buildings should be revised to mandate consultations with heads of relevant administrative agencies, with requirements being integrated into other permitting provisions. Finally, clear standards for military operational review under the Military Base Act should be defined, along with provisions for forming a review council that includes civilian experts, led by the Minister of National Defense and the head of the permitting agency. These measures aim to effectively address the climate crisis, humanity's greatest challenge, and ensure the success of the 'climate legislation' in the 22nd National Assembly.