Deals & Cases
Carbon Emissions Trading Scheme | Provision of Advisory on Trading in the Carbon Emissions Market
The corporate client who requested legal support in relation to the carbon emissions trading scheme is a large domestic manufacturer that required professional legal advisory in the course of participating in the scheme and engaging in actual trading.
1. Carbon Emissions Trading Scheme | Overview of the Carbon Emissions Trading Scheme

In relation to the carbon emissions trading scheme, this is a case in which the firm's attorneys comprehensively supported the entire process, from the review of the requirements for participating in the scheme, to the conclusion of allowance trading contracts, to the establishment of internal controls.
The carbon emissions trading scheme (Emissions Trading Scheme, ETS) is a system under which the government allocates a certain amount of allowances to business sites that emit large amounts of greenhouse gases and regulates each company to emit greenhouse gases only within that range.
A company that emits less than its allocated range can sell the surplus on the market to earn revenue, while a company for which reduction is difficult can purchase additional allowances to fulfill its obligation.
Through this structure, it is regarded as a representative market-based environmental regulation in that each business site can autonomously minimize its reduction costs while the nation as a whole can efficiently achieve its reduction targets.
Applicable Subjects and Allocation Methods of the Carbon Emissions Trading Scheme
Category | Content |
Applicable Subjects | - Companies whose average annual greenhouse gas emissions over the most recent three years are 125,000 tons or more - Companies holding a business site of 25,000 tons or more - Includes companies that have voluntarily applied to be designated as entities subject to allocation |
Managed Substances | A total of six substances: carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCS), perfluorocarbons (PFCS), and sulfur hexafluoride (SF6) |
Allocation Method | - Allocation based on past emissions (GF, Grandfathering): companies with high existing emissions receive a larger allocation; easy to apply - Allocation based on emissions efficiency (BM, Benchmark): a relatively larger allocation is given to companies with lower emissions per unit of output for the same product, with the aim of inducing technological progress |
Review Procedure | - The Minister of Environment allocates total allowances in accordance with the application of entities subject to allocation and the allocation plan - An emissions calculation plan must be submitted and verified - After the end of each compliance year, a statement must be submitted and a conformity assessment conducted - Objections to the allocation amount may be raised, and the allocation may be cancelled or adjusted |
2. Carbon Emissions Trading Scheme | Requests of the Company Engaging Advisory on the Trading Scheme
The client company requested step-by-step support, ranging from an overall review of the allocation plan under the carbon emissions trading scheme to advisory on actual trading and contracts.
The attorney task force in charge presented the optimal means of securing allowances and, at the trading stage such as allowance sale and purchase contracts, also analyzed risk factors and carried out the review of the contract and the negotiation of the terms together with the client.
[Basic Procedures of the Carbon Emissions Trading Scheme]
- Establishment of the national reduction target: The government establishes a national greenhouse gas reduction roadmap and sets annual targets.
- Determination of the total amount and the allocation amount by industry: The allocation amount by sector is finalized according to the characteristics of the industry and the level of emissions.
- Finalization of participating subjects: Companies and business sites that exceed a certain emissions threshold are incorporated into the scheme.
- Allocation of allowances by company: The allowances of individual business sites are finalized through review by the joint working group and the Allocation Review Committee.
- Trading stage: Allowances may be bought and sold on the Korea Exchange (KRX) or in the over-the-counter market.
- Emissions reporting: Companies must prepare and submit an emissions statement in accordance with the MRV system.
- Emissions certification: The submitted materials are finalized through review by the Certification Committee.
- Application for carry-over and borrowing: A surplus may be carried over or sold, and a shortfall may be covered by borrowing or purchasing.
- Final submission and sanctions: Allowances must be submitted equal to the certified amount of emissions, and if there is a shortfall, a penalty surcharge is imposed. The penalty surcharge is calculated within the range of KRW 100,000 per ton, up to three times the average trading price for the relevant year.
Allocation Application and Strategy Establishment
An important part of the carbon emissions trading scheme is the application for the allocation of allowances.
A company must submit an allocation application form, the materials establishing the basis for the emissions calculation, and a list of facilities and processes, and in this process must select a calculation method suitable for the company's characteristics (the method based on past emissions or the method based on emissions efficiency).
The attorneys in charge established a strategy so that the client company could receive an allocation in a manner favorable to it during this selection process, and responded to the on-site inspection.
In addition, although the company already held its own MRV system, the attorney task force supplemented the internal control processes in order to reduce the legal risks that could arise during the emissions verification process.
In particular, the task force designed a company-wide management system so that unlawful acts such as false reporting or inadequate bookkeeping would not occur, and concurrently provided consulting for responding to external verification bodies.
Subsequently, the firm secured the stability of the company's actual trading through the registration of an account with the Emissions Exchange, a review of the legal validity of the transfer of rights and the terms of sale and purchase when trading allowances, and support for the preparation and revision of trading contracts.
3. Carbon Emissions Trading Scheme | Establishment of an Internal Compliance System and Preventive Measures

Under the carbon emissions trading scheme, if the wrongful acquisition of allowances, false reduction reporting, or the forgery of materials, among others, is detected, administrative sanctions and criminal punishment may be imposed at the same time.
Accordingly, the attorneys examined the risks that could arise in advance and designed a system that would enable the company to maintain compliant management.
From 2026, the Fourth planning period of the carbon emissions trading scheme begins, and the intensity of regulation is expected to increase.
International regulations such as the Carbon Border Adjustment Mechanism (CBAM) implemented by the EU are also expected to have a direct impact on corporate management, and therefore a strategic response that also takes into account the regulatory environment in the global market is necessary.
Preparing for the Carbon Emissions Trading Scheme: Now Is the Right Time
In July, President Lee Jae-myung emphasized the need to expand and strengthen the carbon emissions trading scheme.
The direction of significantly expanding the proportion of paid allocation, which currently stands at only 10%, signifies a fundamental change to a system that has hitherto been operated mainly on the basis of free allocation.
Experts point out that the expansion of paid allocation may translate directly into a cost burden on industry; however, this appears to be a move to institutionally strengthen the incentive for carbon reduction while increasing the cost burden on companies.
In particular, the carbon emissions futures market that the Korea Exchange is preparing is expected to be an important means of supplementing the limitations of the current spot-centered trading.
If you need advice regarding the institutional reform related to the strengthening of the carbon emissions trading scheme, please reserve a legal consultation at any time.
Environmental law specialists and accounting and tax experts will form one team to provide answers regarding the carbon emissions trading scheme.
This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.
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JungKyu Park
T. 070-7510-2014
Senior Judge, Ansan Branch, Suwon District Court, Supreme Court Trial Researcher, Judge Experience
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