이재명정부 출범이후 한국의 ESG관련 법제의 변화

This study deeply investigates the changes and current status of Korea’s Environmental, Social, and Governance (ESG) legal framework following the inauguration of the Lee Jae-myung administration. The Lee government adopted ESG as a national core strategy, emphasizing the establishment of the Ministry of Climate, Energy, and Environment, mandatory ESG disclosures, and strengthening corporate environmental responsibility. This policy direction reflects global trends toward low-carbon economic transition and green industry activation, aligned with domestic capital markets and industry demands. However, the roadmap for implementing mandatory ESG disclosures and introducing the “Say on Climate” system remains underdeveloped, requiring improved inter-ministerial coordination and enhanced policy enforcement. In the 21st National Assembly, several ESG-related bills were proposed, but discrepancies between progressive and conservative views, as well as regulatory and autonomy perspectives, led to partial failures and ongoing adjustments. The representative “Environmental, Social, and Governance Management Promotion Act” aimed to foster ESG management and strengthen disclosure and verification systems, but excessive regulatory burdens, administrative capacity limitations, and difficulties in reconciling domestic and international standards prevented its enactment. Conversely, the “Framework Act on Supporting Sustainable Management of Enterprises” focused on corporate autonomy and respect for international standards, emphasizing long-term planning and substantial support. These two bills are evaluated as experimental cases in Korea's legislative discourse seeking a balance between ESG regulation and support. Meanwhile, two revisions to the Commercial Act in 2025 brought significant changes, especially in governance. The first amendment expanded directors’ fiduciary duties, restricted voting rights of major shareholders in audit committee appointments, introduced electronic shareholders’ meetings, and institutionalized independent directors, enhancing transparency and minority shareholder protections. The second amendment mandated cumulative voting and expanded separated election of audit committee members, reinforcing alignment with global standards. These reforms are expected to institutionally underpin corporate responsibility and restore trust in ESG governance. Currently, major ESG disclosure bills pending in the National Assembly include amendments to the Capital Markets Act, the Act on Listed Companies, and the Act on Human Rights and Environmental Protection for Sustainable Corporate Management. All are actively debated since mid-2025, expanding mandatory ESG disclosures in business reports, requiring board-level climate strategy deliberations, and mandating external certification. Nonetheless, concerns about industry burdens coexist with robust civil society support, leaving the harmonization of international standards with domestic industrial realities as a primary challenge. In conclusion, post-2025 changes in Korea’s ESG legal regime comprise a milestone beyond mere statutory amendments, indelibly embedding sustainable management within Korean enterprises and enhancing international competitiveness. The legal foundation particularly in governance is anticipated to positively affect ESG evaluations and investment climates. However, challenges remain in securing legal efficacy, alleviating corporate burdens, defining government control tower roles, and supporting small and medium enterprises. Furthermore, maintaining ESG’s fundamental objective of environmental protection while preventing its reduction to a mere tool serving specific vested interests requires profound legislative reevaluation and societal consensus.