기후변화 대응 및 탄소중립 실현을 위한 법제적 과제 ─ 해상풍력특별법 제정의 의의와 시사점을 중심으로 ─

This study comprehensively analyzes the background, key provisions, and anticipated legal issues and policy implications arising from the recently enacted Offshore Wind Promotion and Industrial Development Special Act (hereinafter "Offshore Wind Special Act") in South Korea. Following the adoption of the Paris Agreement, the international community has intensified collaborative efforts towards achieving carbon neutrality. Likewise, South Korea has actively pursued renewable energy transition policies in alignment with its declared goal of achieving carbon neutrality by 2050. Among various renewable energy sources, offshore wind power is anticipated to play a pivotal role in the nation's energy transition, due to its high efficiency and substantial site potential. However, existing offshore wind power projects have been hindered by complex and fragmented permitting processes and low levels of acceptance among local communities and fisheries. To overcome these barriers, the Korean government and the National Assembly enacted the Offshore Wind Special Act in February 2025, aiming to establish a government-led approach for systematic site selection, integrated and streamlined permitting processes, expanded community participation and benefit-sharing, and legal protection for existing operators. Utilizing document analysis and legislative review, this study examines the specifics of the Act, focusing on legislative purposes and scope, the government-led project implementation framework, principal project procedures, integrated permitting systems, and protective measures for incumbent operators. Additionally, the study critically analyzes significant legal challenges anticipated during the Act’s implementation, such as community acceptance and fishery damage compensation, integrated environmental assessment procedures and ecosystem protection, and securing the effectiveness of power grid establishment and grid integration. Based on this analysis, the paper proposes various legal and policy improvements necessary for the effective implementation and institutional efficacy of the Offshore Wind Special Act. Specifically, it emphasizes the necessity of establishing clear compensation standards and ensuring substantial community participation to enhance local acceptance; concretizing environmental assessment criteria; resolving legal uncertainties surrounding grid infrastructure and integration; and creating detailed criteria to balance protection of existing operators with principles of just transition. Ultimately, this study aims to suggest comprehensive legal and policy strategies to ensure the Offshore Wind Special Act functions effectively as more than mere declarative legislation, serving instead as a practical and impactful legal instrument facilitating the expansion of renewable energy and achieving the nation’s carbon neutrality objectives.