이산화탄소 포집·저장법(CCS법)과 그 법적 과제

Abstract

CCS technology refers to a technology that captures and transports carbon dioxide and stores it in land or ocean strata rather than emitting carbon dioxide into the air from large carbon dioxide sources such as thermal power plants or steel mills. CCS technology is receiving attention as a technology that can achieve the goals of the Paris Agreement in response to climate change, contribute to eco-friendly energy supply and industrial production, and is also receiving attention as a new growth industry. However, since risks to humans and the environment due to surface leakage of stored carbon dioxide, the risk of earthquakes, and the risk of groundwater contamination are being discussed, CCS technology is a field that requires appropriate legal regulations to ensure safety for humans and the environment. Therefore, this paper first examined the necessity of CCS technology and its risks. Second, we examined the enactment of the European Union's CCS-Legislative Directive(Die Richtlinie 2009/31/EG) in 2009 and the enactment of the German Carbon Dioxide Storage Act(KSpG) as a transition law to the legislative directive, as well as its key contents. We also reviewed the current status of Germany as indicated in the evaluation report on the legislation of the German federal government in 2018. Third, we reviewed Germany's future response to CCS as indicated in the enactment of the European Union's Carbon Neutral Industry Act(NZIA) in 2024 and the revision of the German Carbon Dioxide Storage Act. Korea also enacted the Carbon Dioxide Storage Utilization Act(CCUS Act) in January 2024. The CCUS Act enacted in 2024 provides relatively detailed provisions on the establishment of basic plans, infrastructure construction management, ecosystem development, and growth foundation creation. However, there is little regulation on securing social acceptability of CCS technology, the relationship with land ownership related to the transport and storage of carbon dioxide, strict liability and transfer of responsibility for damage that may arise from the transport and storage of carbon dioxide, and special regulations related to marine storage. There are almost no regulations regarding this. Therefore, compared to the German Carbon Dioxide Storage Act(KSpG), we looked at this in detail as a future legislative task. It is expected that the Korean CCUS Act will be refined more precisely and thoroughly in the future, and will legally support the commercialization of CCS technology without any gaps, and establish itself as important legislation in response to climate change.