화학물질의 등록 및 평가 등에 관한 법률 및 화학물질관리법상 효과적인 의무이행확보수단 연구

Abstract

Sanctions in the form of criminal penalties have been used to secure the performance of duties under the current Toxic Chemicals Control Act, and such policy is expected to continue even after the Act on the Registration and Evaluation, etc. of Chemical Substances (the “K‐REACH”) and the Chemical Control Act are enforced in January, 2015. However, applying criminal penalties only can cause unexpected negative side effects, which may from time to time result in decreasing the effectiveness of such as a means of securing an individual’s compliance of law. Therefore, it is necessary to devise various types of efficient penalty structures to achieve the legislative goal by securing compliance of law and, at the same time, to reduce negative side effects associated with the use of criminal penalties. Administrative fines can be imposed for a violation of minor administrative duties. Also, it is advised to consider whether to impose a criminal penalty or to impose an administrative fine by establishing detailed standards for the imposition of sanctions. Also, as a proactive means of securing compliance with administrative duties, it may be considered to impose a charge for compelling the performance. The K‐REACH adopted a product recall system. For the effective implementation, further discussions are necessary to expand the scope of individuals that can be subject to a recall order: not only a manufacturer and an importer but also distributors and end users of relevant chemical substances will need to be included.