"Climate change" is both a transformation of nature and one of the most dramatic threats faced by humanity—so severe that it is often discussed as a matter of human "existential crisis." In this era of climate crisis, criminal law scholars and crimi...
"Climate change" is both a transformation of nature and one of the most dramatic threats faced by humanity—so severe that it is often discussed as a matter of human "existential crisis." In this era of climate crisis, criminal law scholars and criminologists can no longer dismiss the issues of global warming and climate change as merely policy matters. Therefore, it is necessary for scholars in the field of criminal law to clearly define the concept of climate crimes, examine the various types of such crimes, and analyze their characteristics—moving beyond the traditional notion of environmental crime.
In this paper, "climate crimes" are defined as “acts that significantly contribute to global warming and climate change by infringing on the rights of nature or violating environmental protection laws, resulting in species extinction, ecosystem destruction, or the permanent alteration of natural cycles.” Regarding the types of climate crimes, the paper examines four categories proposed by American criminologist Ronald C. Kramer. According to Kramer, climate crimes can be broadly classified as follows: ① Climate crimes as carbon crimes — involving the continued extraction of fossil fuels and the resulting increase in carbon emissions; ② Climate crimes as political inaction — involving the failure to reduce carbon emissions due to political negligence or omission; ③ Climate change denial crimes — involving the organized denial or rejection of climate change through conservative think tanks; ④ Imperial climate crimes — involving oil wars, military emissions of greenhouse gases, and unjust, militarized forms of adaptation to the climate crisis.
Climate crimes are characterized as "state-corporate crimes," arising from the interaction between state policies and corporate agendas. Additionally, they may also be regarded as a form of ecocide.
In relation to the study of climate crimes, beyond the conceptual definition, classification, characteristics, and considerations for criminalization reviewed in this paper, further in-depth research on a range of related issues is necessary. However, among Kramer's typology, "carbon crimes" may be the most suitable for actual criminalization. Carbon crimes include violations of greenhouse gas emission regulations, false reporting, and illegal disposal of hazardous substances. Some countries, such as France, have already begun to enact legislation in this area. Thus, rather than immediately resorting to criminal penalties, it is advisable to first attempt alternative policy measures, and only consider criminalization as a last resort if these measures fail. It is hoped that this paper will serve as a catalyst for more active discussions on climate crime within the field of Korean criminal law.