기후위기 대응 부동산 규제의 헌법적 정당성과 한계 - 2024년 기후소송 판결에 따른 재산권의 사회적 기속성 재구성 -

This study aims to explore the constitutional challenges posed by the climate crisis—a quintessential manifestation of the modern "Risk Society" —to the real estate legal system and to redefine the scope of property rights in light of the state's duty to protect fundamental rights. The climate crisis has transcended being a mere environmental issue; it now poses an existential threat to the safety of real estate and residential environments, which serve as the basic foundations of human life. Consequently, the constitutional duty to protect fundamental rights under Article 10 of the Constitution demands a more proactive and practical implementation. In particular, the 2024 Constitutional Court decision on climate litigation established a normative landmark by affirming that the state’s greenhouse gas reduction targets must serve as a minimum constitutional measure to protect the liberty of future generations. This paradigm shift necessitates a fundamental transition of real estate public law from an efficiency-oriented framework to one centered on "climate resilience." As a central theoretical pillar, this paper conducts an in-depth analysis of the "environmental inherent limitation" (Situationsgebundenheit) of real estate property rights. It clarifies that land, as a finite resource and a core component of the ecosystem, possesses a higher degree of social obligation than general property. Furthermore, the scope of exercising property rights is inherently limited by the objective ecological conditions, such as geographical vulnerability to climate disasters. Based on this, the study argues that increasingly stringent regulations, such as mandatory Zero Energy Building (ZEB) certification and land-use restrictions for carbon sink preservation, should be interpreted not as unconstitutional infringements on ownership, but as the legal realization of the "intrinsic constraints" of land for the collective safety of the community. In the analysis of specific regulatory modalities, this study examines the conflicts between mandatory energy performance requirements and the autonomy of property owners using empirical data. To resolve the opacity of overlapping land-use regulations, the paper proposes the adoption of a quantitative management system, such as the Land Use Regulation Index (LURI), to evaluate the proportionality of such restrictions. Furthermore, from the perspective of "climate justice," this study highlights the disproportionate impact of climate change on vulnerable populations. It asserts the constitutional necessity for the state to redefine "adequate housing standards" into a climate-adaptive framework, ensuring that all citizens can enjoy a substantive right to safety protected from climate catastrophes. Moreover, this research reconstructs the principle of proportionality as a constitutional yardstick for judicial review. It emphasizes that the "intergenerational justice" perspective—which prioritizes the existential survival rights of future generations over the immediate economic interests of the current generation—must be actively integrated into the balancing of legal interests. Through a comparative analysis with the pioneering jurisprudence of the German Federal Constitutional Court, this study seeks a legal model that harmonizes universal values of climate justice with the regional specificities of Northeast Asian law. Finally, the study concludes by stressing the necessity of a forward-looking compensation and support system for those who suffer "special sacrifices" due to these regulations. It suggests that the effectiveness of climate regulations should be ensured through rational support mechanisms, such as Transferable Development Rights (TDR), tax incentives, and green remodeling subsidies. In conclusion, the real estate legal system must evolve beyond a tool for asset value maximization and become a core bastion of "ecological constitutionalism" that safeguards the survival of future generations within planetary boundaries. It is hoped that the discussions in this study will serve as a foundational academic cornerstone for establishing a just and secure real estate legal order in the era of the climate crisis.