KLRI : KOREA LEGISLATION RESEARCH INSTITUTE

Ⅰ. Backgrounds and Purposes

▶Increasing the role and importance of local governments through the implementation of the Framework Act on Carbon Neutrality and the National Carbon Neutrality Green Growth Plan

○In addition to the 2050 Carbon Neutrality Green Growth Committee at the national level, the 2050 Local Carbon Neutrality Green Growth Committee (hereinafter referred to as the "Local Committee") establishes a deliberation and resolution system, increasing the role of local governments in the future

○Expanding the implementation of the carbon neutrality promotion base taking into account the reality and circumstances of each province through the operation of carbon neutral support centers

○In order for Korea to realize carbon neutrality by achieving NDC in the future, it is necessary to reduce greenhouse gases by a significant amount every year, which is impossible only with state-led top-down promotion, and bottom-up harmony is indispensable

▶Reviewing the efficient use of the Regional Commission and the Carbon Neutrality Support Center as a regional carbon neutrality implementation system

○A Legal System Review on the Establishment of Local Committees under the Framework Act on Carbon Neutrality

○Review of the relevant legislation, such as the operation and scope of work of the Carbon Neutrality Support Center under the Framework Act on Carbon Neutrality

▶ In addition to legal theoretical research, discussions with local carbon neutrality managers in domestic and abroad to effectively review the implementation system and derive improvement measures

Ⅱ. Major Content

▶Local Commission under the Framework Act on Carbon Neutrality

□Legal Review on the Establishment of Local Committees

○Discretionary regulation of the establishment of local committees under Article 22 (1) of the Framework Act on Carbon Neutrality

○It is possible to omit the deliberation or notification of the local committee through paragraph (4) of the same Article

○On the other hand, as a result of examining the provisions in paragraph 4 of the same article, it is mandatory regulations for deliberation or notification by local committees

○Discretionary or mandatory consideration of the establishment of local committees is necessary

○Discretionary Regulation of the Establishment of Local Committees

-Legislative improvement measures are derived only when a local committee exists for provisions currently stipulated as having to be deliberated or notified by the local committee

- In light of the role and importance of local governments, there are concerns about the loss of momentum in the promotion of carbon neutrality policies by local governments due to discretionary regulation of the establishment of local committees

- In reality, the establishment of local committees may be inefficient and ineffective in light of the size and conditions of local governments

- Legislative suggestions for the establishment of local committees as discretionary as it is now and joint establishment of local committees through consultation between local governments in order not to use unnecessary and inefficient administrative costs

○Deriving legal improvement measures that consider the necessity and importance of local committees through domestic and foreign experts and literature research while also considering the reality of Korea

▶Carbon Neutrality Support Center under the Framework Act on Carbon Neutrality

□Legal review of the operation through the establishment or designation of a carbon neutral support center

○Discretionary Regulation of Carbon Neutrality Support Center Operations

- The same advantages and disadvantages as the local committee can be considered, and in the case of a carbon neutral support center, it is suggested to operate jointly through consultation between local governments, referring to the situation of local governments and Japanese legislation

○Related to the work of the Carbon Neutral Support Center

- Legal basis for long-term and stable operation of the Carbon Neutral Support Center through literary and teleological interpretation of the meaning of 'support' in the work of the Carbon Neutral Support Center, legislative history, other cases, foreign legislation, and the purpose of the government's introduction

- For example, a legal review of whether it is appropriate for the Carbon Neutral Support Center to interpret it as "establishing and implementing a city/province plan or a city/gun/gu plan" and "support it" in "supporting the establishment and implementation of a city/province plan or a city/gun/gu plan" among the scope of work of the carbon neutral support center

- There is a concern that it is not easy to ensure the professionalism and independence of carbon neutral support centers due to the nature of 'support' of carbon neutral support centers, and it is necessary to review the relevant systems by referring to the systems of the German Climate Protection Commission, Climate Officer, etc

- For carbon neutrality-related models and cooperation with foreign local governments, it is necessary to adjust the scope of work through realistic review of whether the contents stipulated in the law can be actually carried out, and to prioritize the current status of each local government

Ⅲ. Expected Effects

▶The importance of reviewing the relevant legislation at a time when the importance of the regional carbon neutrality implementation system emerges

○A Timely Review of the Importance of Regional Carbon Neutrality Implementation Systems in the Basic Carbon Neutrality Act and the National Carbon Neutrality Green Growth Plan

-The role and importance of the region will be further increased for the realization of carbon neutrality in the future, and the necessity and importance of legal review of local commissions and carbon neutral support centers, which are key elements of the regional carbon neutrality implementation system

○A Legal Study on the Regional Carbon Neutrality Implementation System Considering Legal Theory and Practical Perspectives

-While there are many discussions on limited manpower and budget in terms of policy on the regional carbon neutrality implementation system, legal review points out legal problems under the current law and draws improvement measures through exchange and collection of opinions with foreign legislation cases and domestic and foreign experts