원자력허가절차에 대한 주민참가 = A Study On the Participation of the Residents & Legal Control Of Nuclear Power Administration

다국어 초록 (Multilingual Abstract)

Nowadays the environmental pollution which is directing us into the Crises of ruin has been a serious problem day after day. The phenomenon is massive and collective trespass that resulted from the rapid change of the structure of industry and consumption.
As the aspect of environmental pollution presently has a tendency to be expanded quantitatively, generalized regionally and complicated contentedly and positional nonsubstitution between sufferer and offender.
Our nuclear energy law regulates the reactor licensing, radiation, nuclear pollution control for the safety of nuclear power plant.
There are many methods to issue the license of nuclear power plant in the world. Ours is the two-step licensing system. In order to obtain the construction permit, the utility must file with the Ministry of Science and Technology a preliminary safety analysis report and an environmental report. In case of operating license, an applicant needs the final safety analysis report, the technical operating guidelines and emergency planning.
Early site permit, limited work authorization, docketing and backfitting to the nuclear power plant are being considered to be amended or newly enacted.
And it should be emphasized that citizen participation in this system is essential for the protection of environment. Even the best methods for this system can't be achived the expected results without positive attitude of parhipants. The most important thing is the inspiration of the participants' consciousness by the area residents and public officials relatmg to public participation in this system
When a citizen opens an nuclear power administrative litigation against the government because he has been injured by the nuclear power pollution, he must be asked if he has the qualification of standing to sue.
As the existence of legal interest is essential for the proof of standing to sue ingeneral hearings of administrative litigation, legal interest as a criterion of acknowledging standing to sue is required to determine the magnitude of environmental interest in nuclear power litigation.
The court of justice must establish new patterns of judicial review considering the characteristic of nuclear power litigation which requires a highly professional, technical and scientific judgement.
They have tended to refer to group categories, and classes of people, rather than to one or a few individuals alone, thus, a new subject has come to be needed, in accordance with social request, to protect the collective, meta-individual and diffuse rights as "rights without a holder or small rights" by judicial system beyond the protection of the individual rights inspired by natural law concept of 19th century.
Thus the residents suit play an important part that make a court expedite observance of autonomy law and calls upon performance autonomy law by virtue of self-governing body as residents set out to civil right performance to represent another residents for private protection.

목차 (Table of Contents)

• Ⅰ. 머리말
• Ⅱ. 우리나라의 行政節次法과 原子力行政에서의 住民參加制度
• 1. 行政節次法과 原子力行政에서의 住民參加制度
• 2. 원자력법상의 주민의견수렴제도
• 3. 현행 주민의견수렴제도의 문제점과 개선방향
• Ⅲ. 맺음말