引入环境税的法律问题

Nam Wook Kim, Dong Ryun Kim
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摘要

温室气体上升引起的气候变化正在造成生态破坏、爆炸性火灾、极端降雨和寒冷天气、地震、海啸、野火、粮食短缺、流行病等,给地球和人类带来环境风险。包括韩国在内的世界各国通过《巴黎公约》宣布了碳中和,并引入了排放交易计划、碳税、能源税、气候变化税等。最近,韩国为了引入作为“脱碳经济”和“碳中和”的核心手段的碳税,正在国会审议《基本碳税法案》和《碳税法案》。因此,有必要征收环境税。有观点认为,环境税的概念在《环境法》中包含了出资,但由于环境出资具有以筹集财政资源为目的的出资的准税收特征,因此,如果引入环境税,就必须明确确立“另外,在税制中强化环境保护功能的同时,也要明确“环境税”的概念。公司税从税收中立和公平征税的角度出发。所得税。购置税、财产税、交通能源和环境税、汽车税收合理化计划。因此,明确树立环境税概念,应对气候变化。从减少环境影响、保护环境生态系统和持续发展的角度审视引入环境税的必要性。在掌握日本税法体系中环境税引入的现状后,我们将从比较的角度考察韩国、美国、英国、德国、法国、西班牙等国家的环境税立法实例,并寻求对韩国的建议。另外,还将在制定环境税法时,在不侵犯宪法保障的基本权利的范围内研究立法限度,并对现行能源税、所得税、法人税等税制进行合理化改革。此外,我们将引入塑料包装税、航空运输税、生态环境税等,以促进可持续发展,并提出加强环境税引入的社会相关性的措施。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal issues concerning the introduction of environmental tax
Climate change caused by rising greenhouse gases is causing ecological destruction, explosive flames, extreme rainfall and cold weather, earthquakes, tsunamis, wildfires, food shortages, epidemics, etc., and poses environmental risks to the earth and humankind. Countries around the world, including South Korea, have declared carbon neutrality through the Paris Convention and have introduced emissions trading schemes, carbon taxes, energy taxes, and climate change taxes. Recently, in order to introduce a carbon tax, which is the core means of a decarbonized economy and carbon neutrality, South Korea is pending the draft of the basic carbon tax bill and the carbon tax bill in the National Assembly. Therefore, the introduction of an environmental tax is required. There is a view that the concept of the environmental tax includes a contribution under the environmental law, but since the environmental contribution has the characteristics of a quasi-tax as a contribution for the purpose of raising financial resources, if an environmental tax is introduced, the environmental tax must clearly establish the concept of In addition, when strengthening the environmental protection function in the tax system, corporate tax from the standpoint of tax neutrality and fair taxation. income tax. Acquisition tax, property tax, transportation energy and environment tax, tax rationalization plan for automobiles is required. Therefore, clearly establish the concept of environmental tax and respond to climate change. Examine the necessity of introducing an environmental tax from the standpoint of reducing environmental impact, preserving environmental ecosystems, and sustaining development. After grasping the current status of the introduction of environmental taxes in Japan's tax law system, we will examine the environmental tax legislative examples of South Korea, the United States, the United Kingdom, Germany, France, Spain, etc. from a comparative perspective, and seek suggestions for South Korea. In addition, when the environmental tax law is introduced, the legislative limit will be examined within the scope that does not infringe on the fundamental rights guaranteed by the constitution, and proposals will be made to rationalize the current energy tax system, income tax, and corporate tax system. In addition, we will introduce plastic packaging tax, air transportation tax, ecological environmental tax, etc. to promote sustainable development and propose measures to strengthen social relevance to the introduction of environmental tax.
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