독일 이산화탄소 저장법상 사업자의 위험책임과 책임의 이전

Abstract

CCS(Carbon Dioxide Capture and Storage) technology is a technology that collects, transfers and stores carbon dioxide in the underground rock layer after collecting and transferring, rather than emitting into the atmosphere like in the past. CCS technology is still in the development phase but it is drawing attention as it can respond to climate change while maintaining the fossil energy-based industrial structure to some degree. Meanwhile, potential risks that may result from storing carbon dioxide underground include risks caused by the carbon dioxide stored underground leaking out onto the surface, pollution of underground water resulting in contamination of drinking water, and risks of earthquakes due to the carbon dioxide stored underground. Therefore, a national management system and a liability system to protect victims must be provided in order to store the collected carbon dioxide in a safe and environmentally-safe manner in the underground rock layers. The EU’s CCS directives of European Union were adopted as German law and in 2012, Germany enacted the Carbon Dioxide Storage Act(KSpG). The strict liability of German Carbon Dioxide Storage Act was modeled after the Environment Liability Act and was legislated to have stricter liability for operator compared to the Environmental Liability Act(§29 KSpG). Furthermore, it legislated wide-spanning duties for providing collateral by businesses(§30 KSpG) and also legislated transfer of responsibility that was never before seen in German laws(§31 KSpG). It also detailed conditions for transfer of responsibility so that no moral hazards occur through the transfer of responsibility and the conditions for collecting expenses generated after the transfer of responsibility. Korea is also preparing a similar CCS legislation. The Korean bill focuses less on strict liability but more on the principle of fault liability and requires financial guarantee after closing the place of storage. It also prescribes in the transfer of responsibility that 30 years after closing the place of storage, the liability is transferred automatically to the state. The contents of such bill is considerably different compared to the German Carbon Dioxide Storage Act that provides strict liability, broad duties for providing collateral, and precise transfer of responsibilities. In addition, the contents of Korea’s bill is not yet confirmed and is being revised. Therefore, it should take into consideration the liability, duty for providing collateral, and transfer of responsibility of the German Carbon Dioxide Storage Act when legislating the Korean bill.