화학물질관리법상 화학사고 정의에 관한 소고
A Brief Review of the Legal Definition of Chemical Accident under the Current Chemical Substances Control Act
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The Chemical Substances Control Act has been legislated to counter the risks posed by chemical substances to public health and the environment, but a number of small- and large-scaled incidents related to hazardous chemicals continue to occur every year. The Korean Ministry of Environment takes legal responsibility for prevention, preparedness, and response to nationwide chemical accidents under the Chemical Substances Control Act. The determination of chemical accidents that occur during hazardous chemical handling processes is based on the Article 2 (Definitions) of the law and the administrative criteria for judgement of chemical accidents. However, there are certain ambiguities in the scientific basis for determining chemical accidents under the current regulations. Whether or not a chemical accident has a direct inf luence on penalties and administrative measures for a workplace where an accident occurred, it is necessary to find reasonable criteria for determining chemical accident based on legal and scientific evidence.
Abstract
The Chemical Substances Control Act has been legislated to counter the risks posed by chemical substances to public health and the environment, but a number of small- and large-scaled incidents related to hazardous chemicals continue to occur every year. The Korean Ministry of Environment takes legal responsibility for prevention, preparedness, and response to nationwide chemical accidents under the Chemical Substances Control Act. The determination of chemical accidents that occur during hazardous chemical handling processes is based on the Article 2 (Definitions) of the law and the administrative criteria for judgement of chemical accidents. However, there are certain ambiguities in the scientific basis for determining chemical accidents under the current regulations. Whether or not a chemical accident has a direct inf luence on penalties and administrative measures for a workplace where an accident occurred, it is necessary to find reasonable criteria for determining chemical accident based on legal and scientific evidence.
참고문헌 (13)
- "Chemical substances control act - article 1 (Purpose)"[URL]
- "Instruction No. 1535 -regulation on the establishment and operation of joint inter-agency for chemical emergency & preparedness center (Partially revised on January 28, 2022). Article 1 (Purpose)"[URL]
- "Chemical substances control act - article 2 (Definitions). No. 13"[URL]
- "Chemical substances control act - article 3 (Scope of application)"[URL]
- "Chemical substances control act - article 2 (Definitions). No. 1"[URL]
- "Chemical substances control act - article 43 (Reporting of occurrence of chemical accidents, etc.). No. 1"[URL]
- "Opeating Rule of Ministry of Environment No.685 (Partially revised on April 2, 2021). Regulation on the Criteria of Immediate Report When a Chemical Accident Occurs"[URL]
- "Chemical substances control act - article 57 (Penalty provisions)"[URL]
- "Enforcement rule of the chemical substances control act - attached table 7. Criteria for administrative measures"[URL]
- "Occupational safety and health act - article 73 (Guidance on prevention of industrial accidents during construction works). No. 1"[URL]
- "Serious accidents punishment act - article 2 (Definitions). No. 2"[URL]
- "Serious accidents punishment act - article 6 (Punishment of business owners and responsible managing officers for serious industrial accidents)"[URL]
- "Serious accidents punishment act - article 8 (Participation in safety and health education programs). No. 1 & 2"[URL]