기후변화영향평가의 법제 개선방안 -‘기후위기 대응을 위한 탄소중립·녹색성장 기본법’ 등 관계 법령의 검토를 중심으로-

To meet its Nationally Determined Contribution and achieve carbon neutrality under the Paris Agreement, the Republic of Korea enacted the Framework Act on Carbon Neutrality and Green Growth for Coping with Climate Crisis (“the Act”) on September 24, 2021. The Act introduced the climate change impact assessment, which analyzes and evaluates the impacts of plans and projects on climate change or the effects of climate change on plans and projects, when conducting environmental impact assessments for plans and projects that emit large amounts of greenhouse gases or are vulnerable to climate crisis. To achieve the objectives of climate change impact assessment, this article reviews relevant legislation, including the Act, and suggests the following improvements: First, while the administrative rules under the delegation of the Enforcement Decree of the Act function as de facto special rules of the existing Environmental Impact Assessment Law, there is a lack of systematic compatibility with the law, and it is necessary to revise the law. Second, the current regulations allow authors of climate change impact assessment reports to arbitrarily omit or simplify key contents, and these regulations need to be revised. Third, the administrative rules make the process of gathering consensus from residents in the climate change impact assessment discretionary rather than mandatory. This needs to be revised, and the scope of gathering consensus should be expanded to include people beyond just residents. Fourth, the regulations or manuals concerning alternatives in climate change impact assessment need to be clarified, and fifth, appropriate follow-up measures for climate change impact assessment should be established. Finally, the scope of plans, projects, and regulated greenhouse gases subject to climate change impact assessment should be gradually expanded.