기후변화협약에 따른 환경산업관련법제의 개선에 관한 입법론적 고찰

The purpose of this article is to find out the concrete directions and contents of the renovation of Korean legislation on the environmental industry to harmonize with the UN Conventions on Climate Change. The meaning and the range of the “environmental industry” can be differentiated according to the various scientific areas and viewpoints. The objects of this article are the environmental industries which are connected with the UN Conventions on Climate Change : The Industry for the prevention or minimization of the causes of climate change or for the adoption of the climate change. The concrete regulatory contents of the environmental industry in “The United Nations Framework Convention on Climate Change” and “The Kyoto Protocol” are analyzed in this paper. The recent changes of legislations and polices about the environmental industries in the United States of Amerca and in the European Union are reported for the comparison with the Korean legislations. The situation of the Korean legislation is differentiated in following three categories and analyzed in this paper: Done, In Process, Not in Action. The legislations which were already made for the harmonization of UN Conventions on Climate Change are the “Act on the Promotion of Switchover to the Environment Friendly Industrial Structure”, the “Act on the Promotion of the Development, Increased Use of New and Renewable Form of Energy”, the “Act on the Promotion of Saving and Recycling of Resources”. The legislations which are now in process in the Korean government and National Parliament are the “Act on the Promotion of the Climate Industry(Draft)”, the “Climate Act (Revision)”, the “Framework Act on the Countermeasures against the Climate Change(Draft)”. The legislations which were already done or are in action is partial and restrictive. There are still remaining many areas, which are waiting for the revision of the current legislation or introducing new legislative measures. The necessity, direction and outline of the comprehensive plan and roadmap of the legislation in Korea for the complete harmonization with the UN Conventions on Climate Change are discussed in this article.