애스크로AIPublic Preview
← 학술논문 검색
학술논문환경법연구2018.11 발행KCI 피인용 3

A Comparative Study on the F-Gas Control Laws and Systems of EU and Korea

A Comparative Study on the F-Gas Control Laws and Systems of EU and Korea

한택환(서경대학교); 임동순(동의대학교)

40권 3호, 377~410쪽

초록

This paper reviews and compares the legal and institutional structures of EU and Korea regarding the control of F-gas. Various directives and regulations, programs and initiatives to reduce F-gas emissions in EU are scrutinized. Korea’s related laws and government initiatives are examined and compared with EU’s directives and programs. The authors attempt to characterize both countries’ laws and institutions from the viewpoints of integration, enforcement, and incentives. It is observed that Korea’s micro-level policy tools have followed EU with a time lag. However, despite the recent amendment of CACA, ARCEEV and other related laws and regulations, F-gas control laws and system in Korea still lack integration. The recent amendment of CACA extended the coverage of those who are subject to the refrigerants management standard .and introduced the specialized refrigerants recovery agent system. Despite this amendment, there are still some F-gases, equipments and sectors that are not effectively controlled by the Korean legal system. It is questionable whether there is any meaningful economic incentive to diligent recovery activity of the business owners or the recovery agents. Korea’s enforcement mechanism is not yet seriously examined, and the effectiveness is questioned. A comprehensive F-gas control measure, including a new legislation with separate reduction target and strategies, deserves a serious consideration.

Abstract

This paper reviews and compares the legal and institutional structures of EU and Korea regarding the control of F-gas. Various directives and regulations, programs and initiatives to reduce F-gas emissions in EU are scrutinized. Korea’s related laws and government initiatives are examined and compared with EU’s directives and programs. The authors attempt to characterize both countries’ laws and institutions from the viewpoints of integration, enforcement, and incentives. It is observed that Korea’s micro-level policy tools have followed EU with a time lag. However, despite the recent amendment of CACA, ARCEEV and other related laws and regulations, F-gas control laws and system in Korea still lack integration. The recent amendment of CACA extended the coverage of those who are subject to the refrigerants management standard .and introduced the specialized refrigerants recovery agent system. Despite this amendment, there are still some F-gases, equipments and sectors that are not effectively controlled by the Korean legal system. It is questionable whether there is any meaningful economic incentive to diligent recovery activity of the business owners or the recovery agents. Korea’s enforcement mechanism is not yet seriously examined, and the effectiveness is questioned. A comprehensive F-gas control measure, including a new legislation with separate reduction target and strategies, deserves a serious consideration.

발행기관:
한국환경법학회
DOI:
http://dx.doi.org/10.35769/elr.2018.40.3.012
분류:
법학

AI 법률 상담

이 논문의 주제에 대해 더 알고 싶으신가요?

460만+ 법률 자료에서 관련 판례·법령·해석례를 찾아 답변합니다

AI 상담 시작
A Comparative Study on the F-Gas Control Laws and Systems of EU and Korea | 환경법연구 2018 | AskLaw | 애스크로 AI