수산물의 안전관리 효율화를 위한 법률의 해석과 정비방향 -관련법규를 중심으로-

Abstract

Fishery products play an important role as a health promotion and an animal protein source for Koreans. In addition, various special ingredients contained in fishery products are important food for the whole Korean people due to functional foods such as prevention of adult diseases. However, fishery products also contain various chemical hazards, such as dioxins, methyl mercury, aromatic hydrocarbons, and other health hazards. Therefore, the safety management of fishery products is important. Accordingly, the interpretation of fishery laws, problem analysis, and legislative reorganization of fishery related laws for the efficiency of safety management are of great importance. The current laws on the safety management of fishery products are the general rule, the highest law of constitutional law, and framework act on food safety. Also, as the specific laws, there are the food Sanitation act of the representative law and the agricultural and fishery products quality control act, the act on the Indication of origin of agricultural and fishery Products, and the act on the management and support of fishery Products Distribution. The problems of the safety management laws of fishery products are as follows. First of all, as a problem in the general rules, there is a need to confirm the provisions for safeguarding the safety of food including fishery products in relation to the living rules of the constitutional law, which means that present consitutional law omitted the food safety rule. Second, the problems of framework act on food safety are defects of clear basic principles, guiding principles and systematic regulations, defects of definition of terms, no separation of both risk assessment and risk management of food safety policy committee, confusion and dispersion of fishery hygiene and safety management subjects, which means that this is a chaos in the evaluation process. The problems of specific rules are as follows. First of all, food sanitation act have problems which are the problem of the restriction of the delegation of the law on the safety regulation and discretion of the fishery products, the problem of the punishment regulation for the safety of the fishery products in the relation of Hazardous Substances in the Countermeasures of fishery products and missing subordinate laws, the crisis of the countermeasures for emergency measures. In addition, the expertise of the inspection subject under the agricultural and fishery products quality control act, the delegation of the law on the indication of origin of agricultural and fishery products, and so forth. In order to solve these problems, the direction of the improvement of the desirable legislation are as follows; First, it is necessary to legislate complement and the harmonize both on constitutional law and the framework act on food safety, to separate both risk evaluation of fishery product safety and risk management of fishery product safety, to unify the concept of fishery products, and to make the dispute mediation committee for consumer protection.