식품규제행정의 진화와 규제과학 - 식품규제행정의 역사적 발전과 현대적 과제 -

Abstract

This study examines the development of food regulation from the Japanese colonial period through the U.S. military regime to the present day. Early food regulation was centered on police enforcement and sanctions, and since the main purpose of administration at that time was to maintain social order rather than public health, it emphasized obligations under food-related laws and regulations, with criminal penalties for violations. Since the enactment of the Food Hygiene Act in 1962 began to systematize the administration of food regulation, we examined the process of enactment and revision of the Food Hygiene Act, analyzing the changes it underwent and the social needs reflected in it, and how they were realized in laws and institutions. In terms of health and safety, regulations have been strengthened, while regulations related to the distribution environment and business activities have been relaxed, thus expanding people's freedom. In addition, the responsibility and voluntarism of business operators were emphasized, and most food hygiene administrations that were once the responsibility of the state were gradually transferred to local governments. Reactive enforcement has gradually shifted to proactive safety management, and discussions have begun to take place in a three-dimensional relationship with the emergence of consumers. In addition, information and labeling systems have been strengthened in response to concerns about the safety of genetic recombinant technologies. On the other hand, food safety and health protection is an important issue that directly affects people's lives, and large and small incidents have played an important role in the transformation of Korea's food regulation administration from the early days of enforcement through police power to the current system that emphasizes prevention and voluntary responsibility. In addition to the Food Hygiene Act, such incidents and accidents have directly or indirectly led to the enactment of laws such as the Health Functional Foods Act, the Basic Food Safety Act, the Food and Drug Safety and Technology Promotion Act, the Imported Food Safety Management Special Act, the Food Labeling and Advertising Act, the Act on the Risk Assessment of Human Applied Products, and the Food and Drug Regulatory Science and Innovation Act. In short, these events gradually recognized the need for a change in the regulatory system and, as a result, triggered a shift to a preventive and scientific regulatory system that applies regulatory science to protect public health. Through these considerations, it can be seen that our food regulatory administration has been transformed from a passive police administration to an active administration for the promotion of public health and safety, and from a regulator-centered administration to a relationship consisting of the government, companies, and consumers by strengthening the rights of consumers to know and participate. It also has the aspect of 'self-regulation' that induces voluntary hygiene management and an autonomous regulatory system, and is transforming into a management system based on scientific evidence called 'regulatory science'. However, “regulatory science” as our future should not be understood in the narrow sense of proof based on objective facts, but rather as a collaboration between science, public administration, and the dialogue and efforts of the entire society to “adjust” science and technology to the most desirable state.