미국의 원전정책과 그 사법 통제

Abstract

Nuclear energy is a key source of energy in modern society. However, the use of nuclear energy involves much moreuncertainties than any other energy source. The use of uncertaintechnology inevitably accompanies a number of varyinginterpretations and social reactions. There has been the radical andextensive controversy over the validity surrounding the use ofnuclear energy through nuclear power. There are the positivevisions and the negative attitudes on nuclear energy in terms oflegal restrictions. The positive position in the legal and regulatory aspects of thenuclear industry tries to promote the peaceful use of atomicenergy, while the negative attitudes on nuclear energy intend toconcentrate on public health and safety. Until now, promotingnuclear energy, rather than focusing on the safety in the nuclearregulation has been the main nuclear policy. Being confronted withdanger such as nuclear radiation leak accidents and radioactivewaste disposal, safety issues have been raised as serious social andpolitical issues. To policy-makers involved in nuclear power policy, how to solvethe conflict pertaining to nuclear power is a very difficult andimportant work. United States is the world’s largest in energy scaleof nuclear power. The nuclear policy in the United States has adirect influence on the use of nuclear power around world. In discussing and preparing for the future risks our nuclear policywould cause, an analysis of the approach in the United States witha long history of nuclear power policy will be helpful. In this paper, I examine how the US nuclear energy policies andlegislations have changed under each administration, and thenanalyzed judicial decisions regarding actions of the legislative andexecutive bodies in response to those policies. In Chapter 2, Iexamine trends and changes in the policies and legal systemregarding nuclear energy over time. In Chapter 3, I analyze theSupreme Court precedents, focusing on how the Court has beenresponding to various nuclear issues such as nuclear power plantsoperating permit procedures, nuclear power plant sites, radiationleak, nuclear waste disposal and nuclear accidents. In Chapter 4,based on the assessment of the judicial response, I suggest how toensure democratic process in decision making and judicial controlof nuclear issues. In conclusion, warning the danger ofnuclear-friendly attitudes of the Congress, the judiciary and theadministration, I emphasize that it is very important to accuratelyrecognize the risk of nuclear power and to establish opendiscussion and democratic process in nuclear policy making.