과학기술의 안전성확보를 위한 법제의 정비방향에 관하여

Abstract

We live in the ‘Society of Science and Technology’ of the 21st century. Such society provides us the positive functions such as convenience and affluence in our lives. On the other hand, such development of Science and Technology offers us the negative functions which fortifies the scale of the disaster and the risk. And It is very meaningful that disaster and risk are becoming more complex and strong. It is hard for us to deny the fact that our legislation activity which aims to promote the economic growth kept focus on the development of Science and Technology. We assumed a passive attitude for the enthusiastic legislation activity to control that disaster and risk which were developed in accordance with the growth in Science and Technology. The purpose of this paper is to review a correlation between the science and technology and the law, to consider effective legislation activity to keep harmony between the growth of science and technology and the safety of the people on the basis of the analysis of the characteristics of the risk and the national necessity for the assurance of the security as follows:First, the fundamental principle of the constitutional obligation for the assurance of the national security was reviewed. Secondly, the effective legal control for the nonperformance of the particular legislation activity to assure the security was examined. At this part, the probability and the necessity of the constitutional appeal demanding the human rights of survival was studied. Thirdly, the effective type of legislation which is appropriate to treat the diverse disaster and risk was checked. Because more flexible approach is required to handle the challenge of the disaster and risk in our legislation activity. Fourthly, because we are entering into the society of the developing science and technology, the existing legislation system is confronted with the threat against security of the people. Therefore the time has come for us to control the legislation by which we can assure the security.