화학물질의 리스크 규제와 사전배려원칙

Where there is a scientific uncertainty about the extent of anticipated environmental damages caused by chemicals, how should we deal with it? This question has become more important, as technology has advanced and human activities have been increased and diversified. The precautionary principle requires government to apply a precautionary measures, where there are reasonable threats of serious or irreversible environmental risk involved in scientific uncertainty. At the end of 2006, the European Union adopted a comprehensive system for the regulation of industrial chemicals throughout Europe, which is known by its acronym, REACH regulation, for Registration, Evaluation, and Authorization of Chemicals. The implementation of REACH regulation, incorporating the precautionary principle, signals a fundamental shift in the way in which manufactured and imported chemical substances will be regulated within the E.U. On the other hand, United States' Toxic Substances Control Act(TSCA) is called unprecautionary. For example, the basic regulatory actions are authorized for chemicals that present an unreasonable risk. I tried a systematic analysis of the techniques of risk assessment and risk management, included in Korea's Toxic Chemicals Control Act(TCCA), from the viewpoint of the precautionary principle. Then, I tried a comparative analysis of REACH regulation in E.U., incorporating the precautionary principle explicitly, and TSCA in U.S., known as opposing the precautionary principle. Based on these analysis, I present some ways to improve Korea's TCCA. TCCA should be amended to be more truly precautionary, in order to achieve its purpose, preventing risk caused by chemicals to human health or the environment and controling hazardous chemicals so that everyone can live a healthy environment, and contribute to increase international competitiveness of related industry. And it should be amended to introduce a new registration and evaluation system enhancing the role of industry in chemicals data production, and to strengthen risk communication, including information sharing on chemicals through supply chain.