일본의 원자력안전법제의 현황과 과제 = The Current Situation and Problems of Atomic Energy Safety Legislation in Japan

다국어 초록 (Multilingual Abstract)

Japanese government began to review basically the energy policy of the energy plan drawn up in 2010 after Fukushima nuclear accident the Fukushima nuclear disaster in March of 2011. Especially, Japan which had enjoyed a ‘Renaissance of nuclear power’ since its launch of the development of atomic power began to examine the legal reorganization related to the utilization and regulation of atomic power at the top of its agenda as well as the policy of nuclear power such as the development of a safer nuclear reactor and the securement of the safety technology of atomic power plant. The laws to secure the safety of atomic power in Japan include 「the Atomic Energy Act」with the position as the basic law in the legislation system related to atomic power, 「the Reactor Control Act」regulating the nuclear safety regulation professionally, 「Radioactivity Trouble Prevention Act」with the control regulation related to the handling of radioactivity substance, 「the Electric Operator Act」controling the reactor facility in the viewpoint of the electric structure, and 「the Special Measure Act on Nuclear Disaster Step」to provide for and cope with nuclear disaster. The Japanese government reinforced the nuclear regulation by modifying the regulations on the laws drastically after the Fukushima disaster. And after the Fukushima nuclear accident, Japan launched the renovation of the organization on the safety control of nuclear power after it judged that the safety control of atomic power under the previous organization system. The renovation content of the nuclear safety control agency after the Fukushima nuclear accident is largely divided into two parts. First, it is the promotion of the utilization of atomic energy and the separation of control function. For this purpose, the government abolished nuclear safety committee and nuclear safety guard established within the Ministry of Economic Industry, and established the atomic energy control committee and the nuclear regulation office and rendered it to take charge of the nuclear control operation. Second, it is the unification of a nuclear control agency. Japan had equipped itself with a double checking system where each administrative agency took charge of the safety control of atomic energy and the atomic power safety committee decided safety control after the final deliberation. However, the government unified the operation of the nuclear safety regulation distributed in each administrative agency tor the safety of nuclear reactor after the nuclear accident. It is thought that the change of such Japanese nuclear policy and the legislation of safety control will give a great suggestion to Korea. Especially, it is more persuasive as the overall weakness as to the whole atomic power plant becomes controversial recently. However, Considering that the ratio and power generaion cost which the atomic power plant accounts for in Korean power amount, it is our solemn reality that we cannot give up the atomic power generation blindly. Therefore, it is the calling of our generation that we should prepare advanced safety legislation of atomic power, develop the top safety technology, practice international norm strictly and supply atomic energy safely. Further, we shall have to reduce the electric demand by the improvement of energy thrift and energy efficiency, modify self-generation and a storage battery etc., build a new electric system, and study the plan to extend new renewable energy rapidly.

참고문헌 (Reference)

1 김영근, "일본 원자력 정책의 실패" 고려대학교 출판부 2013

2 홍기원, "원자력의 위험관리에 관한 최근 프랑스 정치계의 쟁점: 2011년 3월 일본 福島원자력발전소 사고 이후 프랑스 兩院에서의 토의쟁점을 중심으로" 법학연구소 4 (4): 91-104, 2011

3 김태호, "원자력발전의 안전성 담보 시스템에 대한 법적 검토 — 발전용 원자로에 대한 리스크 관리를 중심으로 —" 행정법이론실무학회(行政法理論實務學會) (30) : 39-66, 2011

4 이원근, "원자력 안전의 현황과 정책 및 입법 과제" 국회입법조사처 2012

5 박균성, "원자력 안전법제의 재검토" 행정법이론실무학회(行政法理論實務學會) (33) : 169-190, 2012

6 김민훈, "원자력 안전규제에 대한 법제 고찰 - 원자력 행정체제의 변화를 소재로 -" 법학연구소 53 (53): 53-77, 2012

7 이상윤, "원자력 관련법령체계 개편에 관한 연구" 한국법제연구원 2011

8 高橋滋, "震災·原発事故と環境法" 民事法研究会 2013

9 松岡俊二, "福島第一原子力発電所事故と今後の原子力安全規制のあり方" (18) : 2012

10 高橋滋, "福島原発事故と原子力安全規制法制の課題, In 政法学の未来に向けて(阿部泰隆先生古稀記念)" 有斐閣 2012

11 森島昭夫, "環境問題の行方" 有斐閣 1999

12 金子和裕, "独立行政委員会による原子力安全規制行政の再構築" (332) : 2012

13 池村正道, "原子力法制とその整理" 64 (64): 2011

14 原子力資料情報室, "原子力市民年鑑 2000" 七つ森書館 2000

15 田邊朋行, "原子力事故と現行原子力法制の課題" (16) : 2000

16 三辺夏雄, "原子力と法の今後の関わり方" 1017 : 1993

17 保木本一郎, "原子力と法" 日本評論社 1988

18 広瀬研吉, "かりやすい原子力規制関係の法令の手引き" 大成出版社 2011

19 전진호, "3·11 이후의 일본의 원자력과 한국" (7) : 2012