「온실가스 배출권의 할당 및 거래에 관한 법률」 상 배출권의 법적 성격 재론(再論)

The legislative theory that amendments to the Act on the Allocation and Trading of Greenhouse-gas Emission Permits should clarify the legal nature of Korea Allowance Unit(KAU) as the right means that the legal nature of KAU is an unresolved issue. The discussion of the above unresolved issue becomes the basis for the review of the legal nature of the permits under the Tradable Permits(TPs), the upper concept of the Emission Trading System(ETS). The active implementation of environmental policies raises various legal problems in earnest. Now that active action on the climate change problem is being requested, reconsidering the unresolved issue in the ETS, which is one of the main means of environmental policy, might be the basis to rethink what perspectives to approach and solve various legal problems to be encountered in the future. In economics or law theory, KAU does not have to be the right. The legal nature of KAU is a matter of legislative policy. As a result of a detailed review of the regulations on KAU in the Act on the Allocation and Trading of Greenhouse-gas Emission Permits, KAU is not the right to pollute. It is an intangible property created under the Act on the Allocation and Trading of Greenhouse-gas Emission Permits. Business entities eligible for allocation surrender emission permits equivalent to the amount of greenhouse-gas emissions. KAU is a means of fulfilling this obligation and managed electronically. It becomes the object of the allocation, surrender, trading, carry-over, and borrowing. Furthermore, Emission Permits are a means to materialize and share the constitutional basic duty to protect the environment, as the duty of cost-bearing due to greenhouse-gas emissions.