리스크 규제에 있어 사전예방의 원칙이 가지는 법적 의미

The precautionary principle is a principle which states that in cases where there are threats to human health or environment the fact that there is scientific uncertainty over those threats should not used as the reason for not taking action to prevent harm. Generally, the precautionary principle is relevant to risk regulation. Risk regulation can be understood as that concerned with protecting the environment or human health from risks arising from industrial activity. Based on the maxim "better safe than sorry", the precautionary principle seeks to formalize the application of precaution to regulatory decision making. The principle has been included in several international environmental agreements and adopted into the domestic laws of numerous nations in decades. Each formulation of the precautionary principle shares the common prescription that scientific certainty is not required before taking preventive measures. In addition, most versions of the precautionary principle involve some degree of burden shifting to the proponent of an activity or product to demonstrate the safety of its product. The rapid spread of the precautionary principle demonstrates the need to explicitly address the role of precaution in environmental decision making. However, the precautionary principle in current form is criticized by its vagueness. In addition, there are no standard definition or wording of the principle. As a legal rule, the ambiguity of the precautionary principle results in arbitrary application by regulatory agencies and limits the capability of reviewing courts to perform their function in overseeing agency actions. Recently, the precautionary principle has been recognised as the concepts of procedural fairness in adjudication and administration. In this view, the precautionary principle mandates a flexible, proportionate and democratic decision-making process that requires consideration on a case by case basis.