친환경 에너지 전환정책 추진의 입법적 과제 ― 독일 에너지전환정책 추진사례의 시사점을 중심으로 ―

Active responses to climate change are being made around the world. In Korea, active policies that can be felt by all the public, such as climate companion cards, have been implemented recently, but the response in the energy sector is still insufficient. This article examines the direction and main contents of Germany's energy conversion policy, which recently promoted an active eco-friendly energy conversion policy. Through this, the main content is to provide implications for improving the policy direction and legal system in earnest in Korea's energy conversion policy in the future. To this end, major policies and backgrounds related to energy conversion of Germany's Federal Ministry of Economic and Climate Protection, and the amendments to related laws and regulations will be reviewed. In order to promote an eco-friendly energy conversion policy, Germany has implemented policies and legislative amendments such as ① easing regulations on wind power plant construction and introducing mandatory wind power site security, ③ easing regulations on solar energy plant construction, ④ regulating the use of climate-friendly energy, and establishing a federal and state-level cooperation committee to achieve the goal. First, in terms of easing regulations on the construction of power plants, it was promoted to ease regulations on separation distances when constructing power plants, secure obligations on wind power sites, secure binding power on space plans, raise priorities for securing renewable energy and power, and ease environmental impact assessments. These deregulation could negatively affect existing environmental protection, but through the revision of the Federal Nature Protection Act regulations, it was intended to increase the possibility of compatibility between the two parties through efforts to increase legal clarity, such as prescribing the impact of power generation facilities on neighboring residential buildings. In addition to the construction of eco-friendly energy sources, policies that allocate eco-friendly energy at a mandatory ratio are used. To this end, the Construction Energy Act stipulates various policy measures and regulations, such as ① mandatory heating using renewable energy for new buildings and prohibiting the installation of new oil and gas heating systems ② renovation of existing buildings and energy evaluation ③ subsidy support for the conversion of renewable energy use. Finally, because achieving these goals requires cooperation between individual states and the federal government, a cooperative committee composed of federal and state ministers was set up to record federal goals and implementation status responsible for implementation, and analyzed and monitored land designation and permits to determine whether the construction of renewable energy plants in each state was expanding at the pace necessary for the federal government to achieve the goals. Deriving implications for Korea from Germany's energy conversion policy, it is first necessary to promote deregulation and diversification of support policies to expand eco-friendly energy for energy conversion. In Korea, it is also necessary to continuously improve regulatory legislation and review special cases to properly resolve conflicts with current regulations, and to continuously promote support policies such as support of appropriate subsidies at the stage of technology development in the renewable energy and eco-friendly energy fields so that a related industrial ecosystem can be established. To solve this problem, it is necessary to consider stipulating the goal and scope of support in higher laws, not public notices, and to establish a more concrete and binding plan through specific standards. Efforts are also needed to directly regulate major matters related to energy supply obligations through the revision of the New and Renewable Energy Act, taking into account the principle of legal reservation. Second, in the construction of power plants, it is necessary to promote deregulation based on objective and scientific grounds and expand the role of local governments, but to improve the acceptability of residents, public consultations need to be actively conducted in the construction process of power plants. Finally, since the relaxation of power plant construction regulations can negatively affect nearby residents at any time, it is necessary to pursue a balance between deregulation and environmental regulation through substantial operation of environmental impact assessment. It is necessary to promote the relaxation of related regulations and the substantialization of procedures by referring to these German cases, and to establish and promote plans in a long-term and feasible way by collecting opinions from individual subjects.