이산화탄소의 저장에 관한 법적 연구 - CCS 기술에 관한 미국의 논의를 참고하여 -

The modern era is grappling with an unprecedented climate crisis, largely attributed to the mass emission of greenhouse gases such as carbon dioxide, a byproduct of industrialization and technological progress. In response, Carbon Capture and Storage (CCS) technology, which involves capturing high-concentration greenhouse gases from the atmosphere and storing them underground, is being actively researched. Although CCS is not a permanent solution to climate change due to limitations in underground and subsea storage capacities, it is increasingly recognized as a crucial interim measure and a stepping stone to developing alternative energy sources. However, the nascent stage of CCS technology brings forth significant legal challenges, particularly in the realm of property rights. This paper focuses on these legal issues, with a special emphasis on the situation in the United States. The U.S. is at the forefront of addressing the complex legalities surrounding subsurface property rights essential for the storage component of CCS. The legal framework in the U.S. is evolving to reconcile private property rights with state and federal interests, thus fostering an environment conducive to CCS technology development while ensuring the protection of landowner rights. Moreover, the U.S. example provides critical insights into the establishment of a robust legal framework for property rights and environmental harm mitigation in the context of CCS. This is especially relevant for countries like South Korea, which are keen on adopting CCS technology as part of their strategy to achieve carbon neutrality. The U.S. approach highlights the importance of a comprehensive legal structure that not only encourages the advancement of CCS technology but also safeguards the rights and interests of all parties involved, thus serving as a model for integrating CCS technology into national climate strategies.