마을단위 산림탄소 거래를 위한 임야 소유권과 분리된 탄소권 설정의 행정법적 고찰

If forestry carbon offset projects are conducted without consultation with local residents currently standing in the project area, the safety and permanency of the carbon credits will have significant limitations. However, it takes a long time for individual companies seeking to secure emission rights to establish a reliable cooperative structure for the carbon offset projects with local residents. This study was conducted with the purpose of linking regional forest area occupied by local residents with carbon transactions by configuring a carbon right separate from forestry land ownership. Therefore, in order to secure the procedural legitimacy of carbon projects that impose restrictions on the land ownership, this article suggests that granting carbon rights to community-wide resident associations that traditionally exist in forestry villages could be a realistic alternative to conduct carbon transactions at individual village unit. The results of this study will help to resolve the legal conflicts of two opposing parties involved (forest land owner not living locally and local forest occupant) in forest carbon trading by overcoming the instability arising from not accepting carbon rights for local residents of forest owners encountered in commercial transactions of forest carbon. This study is of the greatest significance in that it derives the procedural legitimacy to carry out forestry carbon transactions at the mountain village level by granting the carbon rights separate from the property rights to local residents who currently occupy forest carbon in South Korea.