새 정부의 환경분야 현안에 대한 법적 과제

Abstract

This article discusses ‘the new government's environmental legal tasks for the current issues in climate and environment’. On May 10, 2022, a new government will be inaugurated. Numerous pending issues require immediate attention and active national management strategies. The climatic environment is one of the critical issues that our society must address. We examine the new government's response tasks in this article, with a particular emphasis on laws and policies in five areas. To begin, it examines the climate and energy fields, specifically the issues surrounding 2050 carbon neutrality and energy transition. Climate and energy policies will be a priority for the new government. To meet the 2050 carbon neutrality and 2030 Nationally Determined Contribution(NDC), legislative efforts are needed to secure the normative authority of the 「Carbon Neutrality Framework Act」. It is required, in particular, to establish enforcement authority through subordinate statutes, to coordinate with other laws, such as the Energy Act, and to share roles. On the other hand, it is anticipated that the new government will significantly alter the direction of energy policy. This is because, during the presidential election, candidate Yoon Seok-yeol pledged to cancel the Nuclear Power Phase-out Policy and mentioned his intention to transform South Korea into a nuclear powerhouse. The new government must provide an accurate diagnosis and a convincing solution for balancing nuclear and renewable energy in the energy mix, as well as establishing a relationship between the two. Second, the new government must address the issue of fine dust, which has a detrimental effect on public health and causes inconvenience in daily life. It makes reference to tasks such as enhancing the seasonal management system, responding to nano fine dust, and developing policies for aging coal fired power plants. Thirdly, the conservation of the aquatic environment is being investigated. This area is concerned with issues such as integrated water management and the restoration of the natural habitats of the four major rivers. This article has mentioned that the legal system must be reorganized to achieve practical unification of water management, and that the four major rivers must be restored in terms of biodiversity conservation and sustainability. Fourth, as part of the transition to a resource-recycling society, ‘the End of Waste’ and ‘the right to repair’ are being reconsidered. Fifth, in the field of biodiversity, it is necessary to recognize and standardize the value of ecosystem services more actively in legislation and policies. Furthermore, it is necessary to recognize nature-based solutions (NbS) as a critical component of national biodiversity promotion and achieving 2050 carbon neutrality.