기후변화 대응을 위한 해양 이산화탄소 저장에 대한 법적 검토 - 해양관련 국제법 및 국내법을 중심으로

This paper studies major countries’ Climate Change policies on the marine environment and ‘Carbon Dioxide Capture, Sequestration and Storage(CCS)’ technology which is recognized as a means to reduce carbon dioxide. There have been many attempts to mitigate climate change all around the world and CCS technology has got a lot of attention as one of those attempts. Korean government also has tried to demonstrate CCS technology in the Korean Peninsula, but there is no current legislation to regulate CCS related issues. One can say that the ‘Marine Environment Management Act’ is the law to regulate CCS, but it is not enough because it only has a provision to allow emitting CO2 stream into the ocean even though it defines CO2 stream as a ‘waste’. In that regard it is necessary to prepare legislation to regulate CCS related issues before implementing CCS projects, and generally there are two ways; amending all the related legislations including the ‘Marine Environment Management Act’ or enacting one single legislation on CCS. This paper reviews climate change policy and CCS technology of US, EU and Japan, and compares them with our current situation to suggest which way is more appropriate to be applied to Korea. The conclusion reached in this paper is the latter one among those two ways, enacting one single legislation on CCS because amendment of related legislations cannot ensure systemicity and coherence of the legal system. There are three government departments, the Ministry of Trade, Industry & Energy, the Ministry of Oceans and Fisheries and the Ministry of Environment which are promoting a single bill regarding CCS. Each of them, however, is working on it respectively for its own purpose, so it became the cause of wasting time and budget. Therefore, it is necessary to organize a committee which can encompass all the three departments to make a single legislation. Besides the single bill on CCS, all of those CCS related legislations needs to be amended reflecting changes, so this paper also suggests ways to improve the ‘Environmental Impact Assessment System’, for example reflecting the characteristics of CCS in particular, which can be considered when the CCS related legislations will be amended.