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학술논문과학기술법연구2008.02 발행KCI 피인용 6

원자력손해배상제도의 발전과정과 우리나라 원자력손해배상법의 검토과제

The Development of Nuclear Liability System and the Major Topics of Nuclear Damage Compensation Act in Korea

함철훈(가톨릭대학교)

13권 2호, 141~195쪽

초록

It is necessary to establish a special damage compensation system for nuclear damage to promote nuclear peaceful use. It has been a half century since nuclear power plant in commercial base was began. We have experienced several times nuclear accidents during these time and revised nuclear liability system in accordance with the social atmosphere. The Price-Anderson Act of United States which was enacted in 1957 was the first legal system in the field of nuclear damage compensation. After that Paris Convention and Vienna Convention on civil liability for nuclear damage were ratified and every country which operated nuclear power plants has enacted nuclear liability compensation act. Chernobyl Accident occurred in 1986 was extraordinary, it was required to increase the liability amount of the nuclear operator. For this purpose Vienna Convention was revised in 1997 and Paris Convention in 2004 respectively. After that many countries have revised nuclear compensation act in accordance with the revised Vienna Convention and Paris Convention. In this study I reviewed the recent revisions on the Price-Anderson Act of United states, the major revisins of Vienna Convention and Paris Convention, etc., and the Japan's liability system. In consideration of the above, I am going to propose ① unification of the legal system on nuclear liability, ② rearrangement of the scope for nuclear damage, ③ establishment of dispute process, ④ financial protection amount's increase of nuclear operator, ⑤ detailed conditions of government's aid for the development of our country in the field of nuclear liability system.

Abstract

It is necessary to establish a special damage compensation system for nuclear damage to promote nuclear peaceful use. It has been a half century since nuclear power plant in commercial base was began. We have experienced several times nuclear accidents during these time and revised nuclear liability system in accordance with the social atmosphere. The Price-Anderson Act of United States which was enacted in 1957 was the first legal system in the field of nuclear damage compensation. After that Paris Convention and Vienna Convention on civil liability for nuclear damage were ratified and every country which operated nuclear power plants has enacted nuclear liability compensation act. Chernobyl Accident occurred in 1986 was extraordinary, it was required to increase the liability amount of the nuclear operator. For this purpose Vienna Convention was revised in 1997 and Paris Convention in 2004 respectively. After that many countries have revised nuclear compensation act in accordance with the revised Vienna Convention and Paris Convention. In this study I reviewed the recent revisions on the Price-Anderson Act of United states, the major revisins of Vienna Convention and Paris Convention, etc., and the Japan's liability system. In consideration of the above, I am going to propose ① unification of the legal system on nuclear liability, ② rearrangement of the scope for nuclear damage, ③ establishment of dispute process, ④ financial protection amount's increase of nuclear operator, ⑤ detailed conditions of government's aid for the development of our country in the field of nuclear liability system.

발행기관:
과학기술법연구원
DOI:
http://dx.doi.org/10.32430/ilst.2008.13.2.141
분류:
기타법학

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원자력손해배상제도의 발전과정과 우리나라 원자력손해배상법의 검토과제 | 과학기술법연구 2008 | AskLaw | 애스크로 AI