원자력 손해배상책임에 있어서 보험계약 및 보상계약의 담보력 문제와 그 개선방안

Abstract

With the launch of new climate change system, the shift in the energy paradigm is being attempted in terms of energy cost reduction and response to global warming, nuclear power is recognized as the basic power source. The number of nuclear power plants are increasing. Switzerland who decided to opt away from nuclear power started overturning its decision. The safety is an absolute factor in nuclear power, and it is necessary to prepare technologies and systems to mitigate or eliminate damages in the event of an accident, Victims must be protected sufficiently at the time of an accident. At the same time, systems that shall contribute to or at least will not hinder the progress of nuclear industry need to be built up. However, since there are no sufficient studies on the nuclear liability act of major countries on nuclear power, its in-depth analysis is required. Also, current trends in nuclear power-related treaties should be identified. Implications for the nuclear liability in Korea need to be derived by surveying and analyzing the nuclear liability acts of advanced countries on nuclear power, and international nuclear power treaties. In order to determine the trends in systems of major countries (the US, France and Japan), the nuclear liability acts of these countries were analyzed. Through such analysis, a trend that the liability of the nuclear operators is increasing was identified. It can be stated that the key of the nuclear liability system is how to effectively place the insurance, compensation, domestic and international fund raising, and governmental support. Problems in this regard are as follows. Reparation measures need to be diversified plans to use the mutual insurance and deduction should be considered reparation measures. An union including the construction companies and parts suppliers of nuclear power plants need to be considered. Liability limit for nuclear operators is expected to be gradually increased. Finally, the government's role needs to be specified in legislation. Currently, the legal stability is damaged since the details of government support are not specified. This study has been conducted for the nuclear liability act to be standardized in order to achieve two objectives of protection of victims in the event of accidents and the development of the nuclear industry in the field of nuclear power where safety is the top priority. Building of a developmental model of nuclear liability act was suggested through the introduction of a useful system in Japan where the nuclear accident is actually being handled.