지하 토지 공극의 소유권 귀속- 이산화탄소 포집저장과 관련된 미국 사례를 중심으로

After the Industrial Revolution, CO2 emission has been expanded dramatically. As a result of that, it became one of the most important cause of climate change. Even there are many kinds of greenhouse gases, CO2 plays a key role and the share of CO2 emitted from fossil fuel is over 2/3 of total CO2 emitted into the atmosphere. Because of it, how to reduce CO2 emission from fossil fuel became the main issue in international society. CCS is not familiar definition. However, it has long history in America and significant amount of CO2 has been injected into the underground in order to enhance the production of oil and gas. It means that the technology for CCS is actually not new one. CO2 injection has been adapted as an effective solution for raising up underground pressure of old oil and gas reservoir over 50 years in America. The primary issue in CCS is that who has the ownership of pore spaces to which CCS will be injected. This is related to the boundary of land ownership. Who is the owner of the pore spaces from which oil and gas were produced is the critical topic; oil or gas developer or land owner. The person who wants to inject CO2 has to consider from whom he has to get the right to. Although there are variety of laws and cases at different states, those are generally accepted; injector and land owner should not do harm each other, and CO2 injection can be a kind of public good. So, the argument that eminent domain can be vested in CO2 injectors has been developed. In this article, the representative cases relating to the ownership of pore space in America are analysed with trying to find a recommendation to Korea.