송전탑 건설을 중심으로 한 전자파 분쟁의 현황과 법적 과제

Electricity is a vital part of modern society. However, studies increasingly suggest that electromagnetic fields (“EMF”) generated from electric power transmission towers may pose a risk to human health. Until now, the scientific research of EMF's effects are highly contradictory and inconclusive. Under the circumstances, policymakers must face the difficult decision of how to handle the EMF problem. 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. Under the principle, the EMF problem has been handled in several ways: imposing field strength limits or proposing moratoria on the construction of new lines, taking a “wait and see” approach, or implementing a “prudent avoidance” approach. The theory behind prudent avoidance is to keep people away from EMF by undertaking avoidance activities that have a modest and well-defined cost.