분산 에너지 활성화법 시행 이후 에너지협동조합과 주민자치의 방향

Abstract

On August 29, 2024, the Constitutional Court issued a ruling in the so-called "climate lawsuit," stating that the government's response to the climate crisis infringes on the fundamental rights of the people, particularly the right to guarantee a safe life for future generations and is insufficient to ensure their safety. In line with the Court’s ruling, it is necessary to create a "reduction pathway that can effectively guarantee gradual and continuous reductions." One such pathway is a policy to expand energy cooperatives that increase community acceptance by involving local residents' autonomous organizations in realizing carbon neutrality and energy transition. The "Special Act on the Activation of Distributed Energy," which has been in effect since June 14, 2024, is expected to act as a catalyst driving this energy transition. Since the activation of distributed energy, which is "produced locally and consumed locally," requires community acceptance, the key factor is ensuring close participation by residents. Germany is a representative country that has achieved an energy transition based on social acceptance through public participation. The background of Germany's energy transition, which included phasing out nuclear energy and expanding renewable energy, involves the government's policies to expand and support community-based energy projects, as well as the strong sense of autonomy among local residents, who directly participated in the energy transition and development. Germany also strengthened support for energy communities, including resident energy cooperatives, in the 2022 "Easter Package" and the 2023 revision of the "Renewable Energy Act." In general, energy cooperatives tend to develop, and distributed energy activation is achieved in countries with a strong sense of civic autonomy and advanced decentralization. Active support and participation by residents in energy cooperatives can be further strengthened through their integration with resident autonomy organizations, such as residents' councils. It is necessary to find ways in which residents' councils can become the managing bodies for natural energy as a common resource, generate profits, and share them with residents, thereby activating both resident autonomy and distributed energy together. In particular, local school energy cooperatives, working in conjunction with resident autonomy organizations, can be a highly effective tool for fostering the values required in this era—such as grassroots democratic citizenship, environmental awareness, and economic consciousness—which are essential for the "future generations who must be guaranteed a safe life" referred to in the Constitutional Court's climate lawsuit ruling. This is where the path for "gradual and sustainable greenhouse gas reductions" can be found.