식품안전과 공법상 규제— EU의 법제와 그 시사점 —

Recent Incidents and accidents news about food safety increase the anxiety of the people. By arising risks caused from food, Korea and other countries are now going to set up new regulatory system to ensure food safety. Until now, in fact we've been adopted sporadic regulatory approach to solve the problem of food safety. But for the development of food safety regulatory system, we need to solve the problem in different way. The effort to establish a unified food safety regulatory system in the EU is worthwhile, because the regulatory system of EU has been constantly reformed. EU community law shows, how the regulations on food safety going on. It could give us greater implications for our new regulatory system. Through this we will be able to make a reconstruction of regulatory system for ensuring food safety and the development of the food industry. Despite today’s regulatory measures in world including Korea did not ensure food safety, there are positive and negative perspective with respect to all attempts of EU level to establish the unified regulatory system for food safety. However, through the analysis of the current EU food safety regulations, we can find, that it is based on the consistent principle that prevailed in the 28 EU Member States to advocate the rule of law. So it will offer us some suggestions to build a new model of food safety regulatory system. This paper examined the regulatory system in this area. By examining the overall information on EU food safety regulation, we can find the way of regulation in the area of food safety. Today, regulatory system for food safety in the European Union is moving towards integration to build an efficient unified regulatory system. It is true that this integration is difficult to achieve because of the political, economic and social factors. However, the direction of the European regulatory reform of Food Safety is going for the integration of regulatory standards. Today the European Union would go long and winding road to reach a unified community because of its 28 Member States. Historically, it is also not easy to reach a compromise between Member States, because the Member States have respectively different agricultural policy and food culture. Since the cultural diversity of Europe is also linked with the political and economic situation, it could be more difficult to reach the integration of EU. However, by establishing an integrated regulatory standards in the field of food safety in the EU, Member States will be able to achieve the development of the food industry with a more stable food distribution. The consumers can select the safe foods based on the high level regulation, which EU enacted. The regulatory standards in Europe intend to protect health of consumers at a high level. So european regulatory issues of integration is helpful for us to ensure food safety. This issue can be also applied to us, because today all the countries are involved in globalization. Especially our Basic Food Safety Act, which was enacted in recent years, will play a role as the Basic Law in the field of food safety. This Act needs to be amended and developed. In this context, the unified regulatory system in the EU could be a reference for us. As food cultures among the EU Member States are diverse, so ours is different from that of EU countries. So we can refer merely to the basic principles and directions of food safety regulation that is carried out in the framework of EU level. These basic principles and directions could be used as a reference to establish our regulatory standards to promote the protection of public health and the development of the food industry in the era of globalization.