원자력안전행정체계에 관한 법제 고찰 - 원자력안전위원회를 중심으로 -

Regarding the nuclear accident at Fukushima in Japan and Korea’s recent electrical outage in nuclear plants and approval for the reoperation of decrepit nuclear plants, people’s interest in nuclear safety has increased, and also anxiety has been raised accordingly. Some countries like Germany have declared nuclear plant abolition; however, in Korea, we think we should secure low carbon energy sources due to our practical issues like lack of energy sources or the climatic change convention; therefore, it is unavoidable for a while for us to use nuclear power as our chief energy source. Under the situation, it is crucial to reduce the risk resulted from the utility of nuclear power. And to do so, we have to examine the recently revised legislation regarding nuclear safety and the administrative system and also look into the problems. Meanwhile, in March, 2013, within severe controversy, 「Nuclear Safety Commission Installation and Operation Act」 was revised through the governmental reorganization. And the Nuclear Safety Commission was degraded to the vice-ministerial committee under the prime minister’s office from the ministerial committee of the presidential. It is questionable if the vice-ministerial Nuclear Safety Commission can really make decisions independently as well as neutrally about the issues related with the safety of nuclear power generation against the Ministry of Trade, Industry and Energy that takes charge of the operation of nuclear plants. Besides, regarding the nuclear safety regulations set after the nuclear accident at Fukushima, it is not valid to the global trend valuing independence. And about selecting members of the Nuclear Safety Commission, it can be positively evaluated that they have changed the rule from the chairman to recommend all the commission members to the National Assembly to recommend 4 commission members. However, to realize stable as well as sustainable utility and development of nuclear power, even greater independence, transparency, and reliability are required to the Nuclear Safety Commission. To do so, first, it is needed to concretize qualifications for the chairman and commission members as the relevant laws and regulations define them rather abstractively. And about nuclear safety, as the chairman of the Nuclear Safety Commission has the highest authority, it is necessary for them to secure independence as well as expertise by stating that they have to attend the parliamentary confirmation hearings. Also, it is needed to devise measures to have the resident representatives or local governments in the regions where nuclear plants are installed actually join in the Nuclear Safety Commission so as to lay the institutional framework through which they can have transparency and reliability regarding nuclear safety issues.