헌법상 환경권의 기본권 보장과 범위에 관한 연구 – 기후 헌법소송에 나타난 심사척도를 중심으로 –

Looking at the international response of the climate crisis constitutional lawsuit to global environmental protection issues, the constitutional environmental rights are interpreted as institutional security in consideration of each country's historical, cultural, and social situations, and discussions on faithfully preparing environmental regulations and preventive measures to not pass on the climate crisis caused by the current generation to future generations are key issues. Based on the above research background, this study compared the constitution and court trial decisions of each country, including Germany, to discuss the legal interests and examination criteria for protecting environmental rights in climate constitutional litigation, and confirmed the state's obligation to protect basic rights to environmental rights of our Constitutional Court. Through this, the constitutional theoretical composition principle and examination scale of the environmental rights of the Constitutional Court to respond to climate change in the future were analyzed. As a result of the study, the Constitutional Court applied the “principle of prohibition of excess” based on Article 37 (2) of the Constitution as a scale of examination in the constitutional lawsuit on the guarantee and scope of basic rights under the Constitution. Second, since the current generation is trying to solve the climate environmental policy that future generations will bear along with the violation of individual health and life rights, the joint claim in the form of public interest litigation is an effort to be recognized as a matter of guaranteeing environmental human rights under the constitution derived from the state's obligation to guarantee basic rights, rather than simply excluding it from civil, political, and economic aspects. Through this study, it was confirmed that the current generation's active protection obligation was raised to ensure the safety and life rights of future generations caused by the recent climate crisis. Therefore, under the constitution, environmental rights are fundamental rights that protect nature and living environments, and academic discussions are needed that encompass historical and cultural heritage environments and social environments derived from them, and by analyzing various future environmental violations, including the climate crisis, it is expected that various constitutional litigation review scales that guarantee environmental human rights, along with the existing over-prohibition and under-protection principles, will be re-established.