A Study on the Normative Character and Legislative Issues of the General Provisions of the Act On Carbon Dioxide Capture, Transport, Storage, And Utilization

Unofficial AI-generated summary based on the public title and abstract. Not an official translation.

🔬研究者:Provides a legal-normative framework for evaluating CCUS legislation, useful for comparative law and environmental regulation scholarship.

🏛政策担当者:Highlights key legislative gaps in CCUS acts regarding environmental safety, long-term responsibility, and verification, informing future regulatory design.

This study examines the normative character and legislative issues of the general provisions of the act on carbon dioxide capture, transport, storage, and utilization, which may also be understood as a framework act for CCUS. The Act was enacted to promote the commercialization of CCUS technologies and to establish an institutional basis for the CCUS industry. At the same time, it has a dual character: it functions as an environmental law responding to the climate crisis and as an industrial law supporting the development of CCUS-related technologies and industries. This dual character is particularly evident in the general provisions of the Act. Article 1 presents the prevention of the serious impacts of the climate crisis and the sustainable development of the national economy as legislative purposes. However, it does not clearly determine whether technological development and industrialization are merely instruments subordinate to climate crisis response or independent legislative purposes. Article 2 broadly defines capture, storage and utilization, but it does not sufficiently clarify the distinction between captured amount and reduced amount, the permanence of storage, or the verification of emission reduction effects in utilization. Article 4 provides that captured carbon dioxide and materials or goods produced by using captured carbon dioxide shall not be regarded as waste. However, the provision does not clearly distinguish the exclusion of waste status from the exclusion of environmental risk, nor does it provide detailed standards for impurities, by-products or carbon dioxide streams that fail to meet required standards. The study argues that the general provisions of the Act should be improved in a way that more clearly reflects reduction effectiveness, permanence, verifiability, environmental safety, long-term responsibility and social acceptance. The promotion of the CCUS industry can be justified only when it contributes to the public purpose of responding to the climate crisis. In addition, the non-waste status of captured carbon dioxide should be recognized only when quality standards, impurity standards, safety management standards and verification standards are satisfied. In this regard, the Act should not remain merely an industrial promotion law for CCUS. Rather, it should function as an environmental risk management law that places CCUS technologies and industries within the public framework of climate crisis response. By clarifying the normative direction of its general provisions, the Act can contribute to the development of CCUS as a sustainable green industry while ensuring environmental legal control.

• openalex https://doi.org/10.46751/nplak.2026.22.2.131first seen 2026-06-11 05:32:26