원자력법의 체계에 관한 입법 정책적 고찰

Abstract

The safe and peaceful use of nuclear energy in any State can only be assured with the promulgation and implementation of an effective national nuclear legal infrastructure. The Statute of the IAEA authorizes the IAEA to promote the safe and peaceful uses of nuclear energy. Over the past three decades the IAEA has provided assistance to Member States in the development of their individual national nuclear legal infrastructures. Legal texts developed by IAEA can provide useful guides for understanding how to resolve the legislative issues. Also, this article offers a overview of being made to identify the key principles and concepts important for the effective regulation of the activity in the use of nuclear material or techniques. Nuclear energy poses special risks to the health and Safety of persons and to the environment: risks that must be carefully managed. However, nuclear material and technology also hold the promise of significant benefits. In the light of these basic characters, nuclear law can be defined as: The body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation. And the primary objective of nuclear law is to provide a legal framework for conducting activities related to nuclear energy and ionizing radiation in a manner which adequately protects individuals, property and the environment. Nuclear law has fundamental principles distinguishing from the other laws: the safety principle, the security principle, the responsibility principle, the permission principle, the continuous control principle, the compensation principle, the sustainable development principle, the compliance principle, the independence principle, the transparency principle, the international co-operation principle. Korean Atomic Energy Act(AEA), which was enacted to regulate basic rules concerning nuclear energy technology and nuclear industry, have some problems. To solve the problems, it is need to revise or consolidate existing laws so as to make them more consistent and efficient, or to add legislation in a technical area in which recent activity has revealed a deficiency in legal arrangements. In this case, it must be considered basic characters, concept, objective and fundamental principles of nuclear law stated by IAEA.