Greenhouse gas reduction targets for climate change and environmental rights of future generations in Korea 한국에 있어서 기후변화대응을 위한 온실가스감축목표와 미래세대의 환경권
Greenhouse gas reduction targets for climate change and environmental rights of future generations in Korea 한국에 있어서 기후변화대응을 위한 온실가스감축목표와 미래세대의 환경권
강현호(성균관대학교)
112권, 95~130쪽
초록
Abstract Abnormal signs of climate change are being witnessed everywhere. The climate crisis has now become a reality. People around the world are joining forces to respond to this crisis. In Korea as well, a constitutional complaint has been filed to determine whether the laws enacted to address the climate crisis are consistent with the Constitution. The Constitutional Court made a normative judgment that Article 8(1) of the CNBA, which stipulates GHG reduction targets to combat climate change, is unconstitutional. The Constitutional Court has called for the law to be amended by February 28, 2026. In particular, the korean Constitutional Court affirmed a violation of the constitutional right to the environment because it only stipulates a target of 2030 and does not stipulate how to achieve carbon neutrality by 2050. Even though the specific regulation of carbon neutrality is left to the legislator, such regulation but should not be such that it violates the duty to protect fundamental rights under the Constitution. In Korea, the Constitutional Court has declared that coping with the climate crisis by reducing greenhouse gas emissions can no longer remain at the policy level, but must be done at the normative level. The legislature should take this opportunity to gather the wisdom of the East and the West and strive to achieve the goal of carbon neutrality. In doing so, we should not pass on the responsibility to future generations, but should utilize the spirit of cooperation in which current and future generations share equitable responsibilities. I hope that the normative judgment on South Korea's GHG reduction target will make a small contribution to the prosperity of the region and the world.
Abstract
Abstract Abnormal signs of climate change are being witnessed everywhere. The climate crisis has now become a reality. People around the world are joining forces to respond to this crisis. In Korea as well, a constitutional complaint has been filed to determine whether the laws enacted to address the climate crisis are consistent with the Constitution. The Constitutional Court made a normative judgment that Article 8(1) of the CNBA, which stipulates GHG reduction targets to combat climate change, is unconstitutional. The Constitutional Court has called for the law to be amended by February 28, 2026. In particular, the korean Constitutional Court affirmed a violation of the constitutional right to the environment because it only stipulates a target of 2030 and does not stipulate how to achieve carbon neutrality by 2050. Even though the specific regulation of carbon neutrality is left to the legislator, such regulation but should not be such that it violates the duty to protect fundamental rights under the Constitution. In Korea, the Constitutional Court has declared that coping with the climate crisis by reducing greenhouse gas emissions can no longer remain at the policy level, but must be done at the normative level. The legislature should take this opportunity to gather the wisdom of the East and the West and strive to achieve the goal of carbon neutrality. In doing so, we should not pass on the responsibility to future generations, but should utilize the spirit of cooperation in which current and future generations share equitable responsibilities. I hope that the normative judgment on South Korea's GHG reduction target will make a small contribution to the prosperity of the region and the world.
- 발행기관:
- 한국토지공법학회
- 분류:
- 법학