A Comparative Legal Study on Fine Dust Responses between Korea and the European Union
Authors:   European Constitutional Law Association, Kim Jong-Woo 
Published: May 2023

Entering the 21st century, the whole world is paying much attention to environmental issues. In the past, environmental problems were regarded as national laws and policies or subjects of discussion by experts, but as the general public gradually began to feel environmental problems, it became a problem for all levels of the world to seek solutions. As a representative example, disasters such as floods and droughts have occurred all over the world due to the impact of the climate crisis, and many people are suffering damage, which also affects crops and fruit yields, resulting in economic problems. In Korea, record- breaking heavy rains fell in 2022, and as many people began to suffer damage, it became an opportunity to have a lot of interest in environmental issues. Another problem is that of fine dust. Fine dust refers to extremely small particles floating in the air in a solid or liquid state. Fine dust originally began to be managed comprehensively as one of the elements of air quality pollution. It began to be separately regulated and managed through the Special Act on Dust Reduction and Management”. Fine dust meant particles of 10 μm or less, but since the smaller the fine dust, the greater the damage, the ultra-fine dust of 2.5 μm or less was separately defined and started to be managed. Fine dust was also a field that was not of great interest unless those involved were involved, but around 2018, many articles on the effect of fine dust were published, and poor air quality was observed every day, The general public has come to regard fine dust as a serious problem. As a result, the demand for air purifiers among home appliances continues to rise due to the influence of fine dust, and interest in KF masks has also increased due to the corona crisis. In Korea, fine dust is managed through so-called ‘Eight Fine Dust Acts’. They are the ｢Special Act on the Reduction and Management of Fine Dust｣, ｢Indoor Air Quality Control Act｣, ｢Special Act On The Improvement Of Air Quality In Air Control Zones｣, ｢Clean Air Conservation Act｣, ｢School Health Act｣, ｢Framework Act On The Management Of Disasters And Safety｣, ｢Safety Control And Business Of Liquefied Petroleum Gas Act｣, ｢Special Act On The Improvement Of Air Quality In Port Areas｣ However, due to the nature of fine dust spreading through the air, it is difficult to say that it is a problem unique to one country and must be resolved through international cooperation. In consideration of this point, matters regarding international cooperation have been added to fine dust-related laws in Korea, but this is still a matter that requires further discussion. In the European Union, there are laws related to fine dust such as ｢European Climate Act｣, European Green Deal, National Emission Ceiling Directive, Ambient Air Quality Directive, Clean Air Policy Package for Europe, Directive on Ambient Air Quality and Cleaner Air for Europe. The European Union manages fine dust through these air quality guidelines. The European Union has legal characteristics that can manage a wide scale due to its structure, and countries outside the EU are also integrated through the ‘Convention on Long-Range Transboundary Air Pollution’. Considering the characteristics of the fine dust problem that occurs over a wide range, Korea also needs to consider the characteristics of the European Union's EU-scale guidelines and matters related to international agreements.