생태전환기의 환경권, 과학기술 및 특허제도의 재조명 - 기후위기에 대한 대응을 중심으로 -

Maintaining the current natural environment of the earth is a condition for human survival. However, in recent years, it has been scientifically proven that the basic cause of many disasters such as heavy rains and droughts is climate change caused by energy consumption methods that rely on ‘fossil fuels’. In order to respond to this climate crisis, if we adopt the policy of 'quick transition to a green economy' ('Green New Deal'), solutions with the same purpose should be carried out equally in all sectors (including patent system) of society at the same time. In order to solve the problem through the link of discussion leading to “ecological environment – ​​science and technology – economic development – ​​patent system”, it is necessary to examine the imminent status of the climate crisis as a premise. Looking at the scientific analysis and predictions that have been made, I think that the reason why the discussion on environmental rights and the theory of control over science needs to enter a new phase is fully explained. Next, to overcome such an urgent environmental problem, the constitutional discussion is required about what has been the discussion on environmental rights in the past and what should be done in the future. It is argued that the superiority of the environmental right, which is comparable to the right to live, must inevitably be secured according to the history of the current constitutional system. While the contribution of science to mankind is so great, it has been confirmed that control over it has also been a task of all ages. Furthermore, in the context of directly stipulating the subordination of science to the economy by the Korean Constitution, it lays the foundation for reviewing the patent system by explaining the need to strengthen public order, such as strengthening environmental rights. Lastly, the reason for the creation of the patent system is to contribute to development of science and industry, but it can be used as a rudder for the development of science under the influence of the new role of the patent system, reviewed by environmental rights clause. In this way, we will see why and how important the role of the environmental rights in the period of ecological transition is and discuss how science should be controlled as a new measure by confirming the need to attenuate the old relationship with economic provisions. The possibility of protecting the ecological environment through review of the patent system, which was created as a means and reached its peak in efficiency, will be examined.