기후위기 시대에 있어 헌법상 환경권의 역할

In recent years, abnormal temperature increases have been occurring due to human activities such as carbon emissions. These climate changes are manifesting as concrete disasters, currently ongoing, and are expected to become more commonplace, larger in scale, and more diverse in the future. In this paper, while considering the characteristic of climate disasters as ‘transboundary’ caused by climate change, we examine the discussions on our ‘right to environment’ thus far. We aim to explore how the right to environment is adapting in the era of climate crisis and how it can be further enhanced to ensure its protection. The traditional discussions in korea has primarily regarded the legal interests of the right to environment under the concept of ‘environment’ and has discussed the legal nature of the right to environment in conjunction with discussions on the concept of ‘environment’. Some scholarly perspectives have denied the subjective rights interpretation based on the public nature of the ‘environment’. However, if we first respect the wording of the Korean constitution, the protected legal interests of the right to environment cannot be confined solely to the ‘environment’ itself but should encompass ‘living in a healthy and pleasant environment’ Not only there is undoubtedly a tangible benefit to individuals from the environment in which they live, but also in the interpretation of fundamental rights, there are aspects that make it difficult to strictly adhere to the ‘individual-oriented nature’ of rights. Even if the substantive benefits cannot be attributed to individuals, it is entirely possible to ensure procedural rights to pursue such benefits. On the other hand, considering the nature of environmental rights as collective rights, the introduction of public interest litigation has been justified in order to address climate change.