2035 국가온실가스감축목표(NDC)의 국내법적 구속력에 대한 법적 연구

This study identifies the legal nature of the “2035 Nationally Determined Contribution (NDC)” to be established by the Republic of Korea under the Paris Agreement framework and analyzes its domestic enforceability and justiciability from a legal perspective. While NDC is a “self-determined target” by nature, it functions as a “mixed norm” that combines goals with procedural duties of conduct under the Paris Agreement, transcending mere policy declarations. In particular, this paper conducts an in-depth analysis of the climate decisions of the German Federal Constitutional Court, the UK High Court’s ruling on the unlawfulness of the Net Zero Strategy, and the recent climate litigation decisions by the Constitutional Court of Korea to derive judicial review standards for NDC as an administrative plan. The findings reveal that while courts do not directly redesign specific policy contents, they perform a rigorous review of whether such plans satisfy legal requirements of “specificity, quantifiability, transparency, and temporal completeness.” In conclusion, the 2035 NDC must possess legal legitimacy as a means of fulfilling the State’s positive duty to protect the freedom and fundamental rights of future generations. This study suggests that if the government presents ambiguous reduction pathways or lacks quantitative evidence based solely on feasibility, such actions may be subject to judicial oversight and structural remedies. This research holds academic and policy significance by providing legal guidelines that legislators and the executive branch must consider in the process of formulating the 2035 NDC.