신탁을 활용한 배출권거래제도에 관한 연구

The Act on the Allocation and Trading of Greenhouse-Gas Emission Permits enacted in May 2012 needs to be complemented a lot because it does not have relevant provisions dealing with the alteration of relationships of rights and duties in terms of private laws owing to imprudent legislation. Especially, it does not have any provision regarding the trust of emission allowance. It has no article with respect to bona fide acquisition of emission allowance for safe transactions. It is necessary in Korea to construct substantial legal infrastructure in order to invigorate emission trading that is very useful tool for reducing greenhouse gases. This article reviews the types of emission trading markets, and discusses current emission trading systems of the European Union, United States, Japan, and Korea. As private law issues, it analyzes the concept of emission allowance, legal characteristics of emission allowance, allocation and registration of emission allowance, legal effect of transfer of emission allowance, clearing and payment of the trading, the necessity of the provisions regarding presumption of possession, bona fide acquisition, and establishment of lien. Since the trust of emission allowance is very useful mechanism for companies in transacting emission allowance, it is inevitable to introduce the provision of the trust of emission allowance under the Act on the Allocation and Trading of Greenhouse-Gas Emission Permits. In addition, in oder to secure more legal certainty as to emission trading, it needs to adopt the provisions of presumption of possession and bona fide acquisition under the Act.