원자력안전법에 의한 국제규제물자의 수출입허가 법령 체계의 적절성에 관한 연구

Abstract

Korea has became a country exporting commercial nuclear power plant and research reactor recently with nuclear high technology in spite of a relatively short history since staring operation of Kori Unit 1 in 1978. Nuclear energy is controlled under strict international monitor and verification mechanism based on the various treaty, convention and bilateral agreements, etc. in order that commercial usage will not be diverted to nuclear weapons since nuclear energy has dual characteristics for peaceful as well as military use. As the party to those treaties and agreements, the Nuclear Safety Act(NSA) defines nuclear items like nuclear material, facilities and equipments as ‘internationally controlled goods(ICG)’ and they are required a appropriate administrative regulations regarding ex-import licensing procedures. In spite of it, NSA has only Article 107 as a clause for regulating of ex-import activities. Furthermore, detailed implementation procedures of licensing for ICG are supposed to apply the Foreign Trade Act(FTA) and its name is called as ‘nuclear items for especially designed or prepared(EDP items)’ as one category of Strategic Goods under FTA. What is problem is that scope between the ICG and the EDP items are not only inconsistent each other, but licensing procedures and administrative act regarding two categories are different. Such situation has been resulted in inadequacy of NSA's legislation system, it is turned out a loophole in ex-import control of ICG. In this regard, the paper reviews the international legal system for export control of nuclear items and domestic NSA and FTA in order to propose a necessity of modifying into desirable legislation structure which had been caused by some problems of current ex-import control legislation system. Based on the analysis, the paper points out some findings as followes. First of all, the paper speculates a clear inconsistency of controlled nuclear items between NSA and FTA and it was found that the Article 107 of the NSA had been fully established for Article 12 “Integrated Ministry Regulations” of FTA through analyzing mutual relation among some Articles of FTA and the Article 107 of NSA. Besides, the paper shows clearly that the contents of the Article 107 itself demonstrates how not adequate and inappropriate it is as an Article for a legal basis of ex-import control with a purpose of nuclear nonproliferation. It is time to consider the multiple control framework on the nuclear items and the reality of requesting by the international community seriously on a sincere responsibility of nuclear suppliers. Furthermore, exports of nuclear items are increasing through technology development in Korea. In this regard, NSSC, the licensing authority of ICG is required to not only fulfill its role faithfully, but to modify its legislation system which is suitable for ex-import control enforcing nuclear nonproliferation purpose.