탄소중립기본법상 국가 온실가스 감축목표 규정의 개정 방안

This article pursues two interrelated objectives. The first is to elucidate the fundamental nature of the climate crisis. Given the complex interplay of competing values embedded in the climate crisis, any meaningful solution requires a careful deconstruction of these normative dimensions. The second objective is to propose legislative amendments to the Framework Act on Carbon Neutrality, which serves as the highest legal instrument guiding Korea’s pursuit of carbon neutrality. The climate crisis, inherently involving value conflicts, calls for resolution through legal—particularly statutory—means. Yet, on August 29, 2024, the Constitutional Court of Korea rendered a decision of unconstitutionality with respect to the Framework Act on Carbon Neutrality, casting doubt on the constitutional soundness of Korea’s legal framework for addressing the climate crisis. To address these two objectives, this article analyzes the Constitutional Court’s reasoning and criteria underlying its decision, assesses the current state and trajectory of Korea’s greenhouse gas reduction targets, and, on that basis, advances proposals for amending the Framework Act’s provisions concerning national mitigation goals.