한국과 미국의 에너지 관련법제의 변화 - 기후변화에 대응한 최근 에너지입법을 중심으로 -

It is now widely accepted that the problem of global warming is caused by greenhouse gas emission including carbon. Therefore, it is no exaggeration to say that preservation of sustainable global environment by reduction of greenhouse gas depends on the reduction of energy use and improvement on the energy efficiency. In this sense, the importance of studies on energy law which regulates production, distribution and consumption of energy is becoming increasingly. From this perspective, this study investigates definition, characteristics and systematic position of energy law at first. In aspect to respond to climate change, after the legislative history of energy law is divided into the era of fossil energy and the era of new renewable energy in Korea and US, these are sequentially examined. In addition, as contents of current representative energy law in both countries are examined, these are analyzed through comparative legal analysis. The contents regulated by current energy law are somewhat declarative, plan based and abstract in Korea. On the other hands, energy law prescribes very specific contents in US. In terms of compliance with environmental obligation demanded internationally, it is faithful and restrictive. These shall be considered upon establishing or revising energy law in Korea in the future, because legislative direction which delegates sub administrative authority is difficult in order to avoid the suspicion of delay and avoidance of international environmental obligation and we may get the disadvantages on international trades. For example, in American Clean Energy and Security Act of 2009, Section 3(International Participation) proscribes that “the Administrator, in consultation with the Department of State and the United States Trade Representative, shall annually prepare and certify a report to the Congress regarding whether China and India have adopted greenhouse gas emissions standards at least as strict as those standards required under this act.”In conclusion, we need to reflect such advanced legislative method of United States of America that we would be able to avoid suspicion of delay and avoidance of international environmental obligation from international society and get lots of advantages on international trades.