녹색성장과 산업법제의 대응

Abstract

The president presented ‘green growth with low carbon’ for a new national vision with a congratulatory message in August. 15. 2008. Accordingly, the direction of national legislation policy was drastic switched on the climate change. As a result, the government which wanted to adopt legislative measures to climate change by “Act on Climate Change Measures (bill)” modified the legislative policy from passive response to climate change measures simply to active one against climate change and environmental regulations in developed countries through developing related industry by adding environmental industry to the new growth industry for climate change. “Act of Low Carbon Green Growth (bill)” defines a term of the ‘green growth’ as “harmony out of economic growth and the environment” which reduce climate change and environmental damage by efficient use of energy and resources saving, acquire sources of new growth and make new jobs through research and development on clean energy and green technology etc. The green growth according to “The Act of Low Carbon Green Growth (bill)” focus on the growth rather than environmental protection in view of the relationship between growth and environmental protection. ‘Green growth with low carbon’ can be interpreted as a active policy for making new-recycle energy industry and environmental industry as a leading industry for the growth of the country tow another industries rather than treating the field of energy saving and environmental industry like secondarily created and developed industries in the result of considering development such as the traditional industry.

The legal response for “green growth with low carbon” shall be reflecting and working in the field of energy, such as “Energy Act”, “Act of Rational Use of Energy”, “Act of New Energy and Renewable Energy DevelopmentㆍUseㆍSupplyㆍPromotion” and operating in response to climate change in the field of production process, such as “Act of Facilitating the Transition to Environmentally Friendly Industrial Structure”, therefor, reduction policies for the greenhouse gas are implemented on the basis of those laws. “Act of Industry Development” has been fully revised in April 1, 2009. The revised law aims to develop the knowledge-service industry for facilitating industry innovation and sustainable development, and to enhance response capabilities in industry segments to climate change such as global warming, and to create a foundation for improving resources productivity in response to advent of knowledge-based economy era and deepening environmental issues including climate change and resource depletion etc. The green growth and the improvement of associated industrial productivity mean to increase use of circulating resources rather than to reduce the natural resources, and focus on fostering industry associated with increasing the use of circulating resources. Legal response for facilitating industrial utilization of circulating resources is primarily reflected in the revised “Act of Industrial Development”.