일회용컵 보증금제도에 관한 법적 소고

Before the Disposable Cup Deposit System was legislated, it was implemented voluntarily by individual businesses. However, with the enactment of the Act on the Promotion of Saving and Recycling of Resources, regulatory measures were introduced. The Disposable Cup Deposit System was designed to protect the environment by requiring consumers to pay a deposit when using disposable cups. Once the cups are returned after use, the deposit is refunded. However, during the implementation process, concerns were raised regarding the challenges faced by small business owners, the ambiguity in the system’s operation, and potential legal disputes, leading to a cautious approach. Additionally, aspects such as the financial burden on business operators and potential infringement on consumer property rights must be carefully considered. While the law aims to serve the public interest, it also presents foreseeable challenges, and its initial implementation has not yet stabilized. If the deposit system places an excessive burden on business operators, it may violate the constitutional principle of prohibition of excessive regulation, which should be examined. Furthermore, as the system may impose restrictions on fundamental rights, it is necessary to apply the principle of proportionality (legitimacy of purpose, appropriateness of means, and minimization of harm) to ensure a balanced legal approach. This study aims to analyze the Disposable Cup Deposit System, summarize the key issues among various stakeholders, assess the legal validity of the system, and identify areas that may require supplementary legislation in the future. Environmental protection should fundamentally stem from civic awareness, and strong public consciousness is essential for its success. Regulations should be minimized to ensure the protection of citizens’ fundamental rights, and this study will examine the system from this perspective.