에너지 관련 법상 에너지 이용 에너지 관련 법상 에너지 이용 효율화 방안에 관한 연구

Abstract

Today, after considering issues related with energy which is close to human life in a legislative way, the constitutional regularization of energy and the plan of unifying current energy-related regulations, which seem so important, were proposed, and for the alternative way of efficiency in energy usage resulted by lack and depletion of energy, regulation on efficiency of energy usage was emphasized. First, it is necessary to establish the concept on constitutional energy saving and efficiency as the absolute necessity of energy resources which are vital for human beings’ existence is being issued. In other words, systemic guarantee of constitutional energy regulation such as following should be settled; growth and stability of national economy, maintenance of distributing reasonable income, prevention of market control and abusing economic power, national controlling of energy for restriction and control for economic democratization through the harmony among main economic players. This is, constitutional energy legalization is necessary since civil rights to use energy, rights and national duty to enjoy energy environment without lack of energy, and compulsory regulation of energy saving, or at least efficiency of energy are necessary. In addition, regulation and control for energy efficiency is certainly needed. Second, laws related with energy such as current energy regulation and energy usage rationalization regulate the duty of the nation and the user for efficiency of energy usage, but there is a question about the efficiency since they are dispersed without connection among those. Thus, based on fundamental law of energy, it is necessary to settle functional legal system such as planning, manageing, regulating, informing, studying, and developing energy for energy efficiency and integrated legal system reflecting current energy supply and usage in and out of the country. Third, regulation of energy usage and energy over-use prevention, which are part of energy saving followed by today’s shortage and depletion of energy, are weak. Article 14 of current enforcement ordinance of efficiency in energy usage clearly states the limitation and prohibition of energy usage, and by reinforcing regulation and criteria about other electrics and goods, means to retain effectiveness of efficient energy usage are to be studied. Fourth, the relationship between energy and the environment seems separated because of the lack of detailed connectivity of the problem due to the environmental pollution from energy usage and the restrictions to prevent those, and the limitation of environment pollution from energy usage is vague. Still, there is no doubt that the main reason for global warming is from the emission of green-house gases through energy usage. Thus, energy is closely related with environmental issues regarding that it causes various types of environmental damages in producing, distributing and using energy. Especially, the usage of fossil fuel causes environmental problems such as air pollution, acid rain, environmental damage and global warming so that for the preparation of this, energy saving and energy efficiency should be reinforced and comprehensive management, study, and development of alternative bio-energy should be continuously made.