가스시설물의 안전성 확보에 관한 공법적 연구

Abstract

Gas is very useful and cheap energy source but the accident that may occur from it can be fatal. So constitutional National Safety Protection Obligation Theory should be systematized to ensure gas facilities safety. Gas safety administrative law based on National Safety Protection Obligation Theory radiates High-Pressure Gas Safety Control Act, Safety Control and Business of Liquefied Petroleum Gas Act, and Urban Gas Business Act. The business permission system, the report system, the approval system, the registration system, the indication system, the intermediary inspection, the completion inspection, the safety management regulations(SMS), the appointment of the safe controller, the regular inspection, the occasional inspection, the close safety checkup and the safety appraise system have been legislated in the main three-law of gas as the system to prevent gas facilities from despoiling the right of safety about lives and bodies of people and the right of property. On the other hand several points that the regular inspection has been revised to partial or whole exemption regulation, the safety management confirmation period and the close safety checkup implementation period are obscurity, and provisions applicable mutatis mutandis has not been applied are raised. The regular safety checkup of obsolete gas facilities, the cultivation of gas safety supervisor and so on are presented as reform measures of safety management system in the main three-law of gas So the nation should ensure the safety of people from gas accidents. The safety guarantee of gas facilities deserves special emphasis. Naturally, the freedom of gas facilities business operator should be respected. But the law which is far from ensuring safety of people should be newly enacted and revised.