방사선이용분야 행정처분 규정 및 과태료 체계 개선방안
Proposal for Administrative Sanction Regulations and Penalty System in Radiation Utilization in the Republic of Korea
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With the development of technologies and industries related to radiation utilization in Korea, thenumber of radiation institutions has increased, and the scope of radiation applications has steadily expanded. Thisgrowth has led to a heightened demand for safety management and regulation. However, the Nuclear Safety Acthas not adequately addressed these changes and does not provide new regulatory requirements. Certain provisionsimpose the same standard for penalties without considering the severity and nature of violations, raising concernsabout fairness and effectiveness. Moreover, the lack of a graded approach to the penalty rating for radiation utilizationhas resulted in inadequate sanctions for violations. This study analyzes the administrative sanction regulations andfine systems in the field of radiation utilization, along with similar legislation such as the High-Pressure Gas SafetyManagement Act. It highlights the necessity for graded penalty standards and a more detailed penalty rating. Thisstudy proposes improvements to enhance the reliability of radiation safety management and establish a more equitableand effective regulatory framework. The findings are intended to serve as foundational resources for strengtheningsafety and fairness in the field of radiation utilization.
Abstract
With the development of technologies and industries related to radiation utilization in Korea, thenumber of radiation institutions has increased, and the scope of radiation applications has steadily expanded. Thisgrowth has led to a heightened demand for safety management and regulation. However, the Nuclear Safety Acthas not adequately addressed these changes and does not provide new regulatory requirements. Certain provisionsimpose the same standard for penalties without considering the severity and nature of violations, raising concernsabout fairness and effectiveness. Moreover, the lack of a graded approach to the penalty rating for radiation utilizationhas resulted in inadequate sanctions for violations. This study analyzes the administrative sanction regulations andfine systems in the field of radiation utilization, along with similar legislation such as the High-Pressure Gas SafetyManagement Act. It highlights the necessity for graded penalty standards and a more detailed penalty rating. Thisstudy proposes improvements to enhance the reliability of radiation safety management and establish a more equitableand effective regulatory framework. The findings are intended to serve as foundational resources for strengtheningsafety and fairness in the field of radiation utilization.
참고문헌 (7)
- Republic of Korea, "Nuclear Safety Act, Act No. 20308", ~ (2024)
- Republic of Korea, "Enforcement Decree of the Nuclear Safety Act, Presidential Decree No. 33913", ~ (2023)
- Republic of Korea, "High-Pressure Gas Safety Control Act, Act No. 18269", ~ (2021)
- Ministry of Government Legislation, "Standards for Legislative Drafting and Review, 11-1170000-000471-14", ~ (2023)
- Republic of Korea, "Administrative Procedures Act, Act No. 18748", ~ (2023)
- Republic of Korea, "Enforcement Rules of the Nuclear Safety Act, Prime Ministerial Ordinance No. 01953", ~ (2024)
- Republic of Korea, "Enforcement Decree of the High-Pressure Gas Safety Control Act, Presidential Decree No. 33913", ~ (2023)
