원자력 발전시설 안전관리 법제의 문제점과 개선방안 연구

Abstract

The main purpose of this study is to analyse and examine the problems of the law systems of the safety and maintenance of Nuclear Plant and to propose the improvements with respect to the related problems. Therefore the results of the paper would be helpful to build an effective management law system of safety and maintenance of nuclear plant. This study compares domestic polities with foreign policies of nuclear plant. We have found that there exist 13 Acts including “Nuclear Safety Act”, etc. Safety laws related on nuclear facilities have 7 Acts including “Nuclear Safety Act”, “the Act on Physical Protection and Radiological Emergency”, “Radioactive waste control Act”, “Act on Protective Action Guidelines against Radiation in the Natural Environment”, “Special Act on Assistance to the locations of facilities for disposal low and intermediate level radioactive waste”, “Korea Institute of Nuclear Safety Act”. “Act on Establishment and Operation of the Nuclear Safety and Security Commission”. The seven laws are composed of 118 legislations. They have lower statute of 8 Presidential Decrees, 4 Primeministrial Decrees, 2 Ministrial Decrees, 91 administrative rules(orders), 6 legislations of local self-government aself-governing body. The concluded proposals of this paper are as follows. Firstly, we propose that the relationship between the special law and general law should be re-established. Secondly, the terms with respect to law system of safety and maintenance of nuclear plant should be redefined and specified. Thirdly, it is advisable to re-examine and re-establish the Law System for Safety and Maintenance of Nuclear Plant. It is needed to provide the residents with safety to guarantee their basic and environmental rights. Fourth, like the French Nuclear Safety Legislation, it is necessary to ensure sufficient transparency as well as environmental considerations in the policy decisions of the Korean government and legislation of the National Assembly. It is necessary to further study the possibilities of accepting the implications of the French legal system as a legal system in Korea.