사용후핵연료 관리를 위한 국가의 입법적 과제

The Tohoku earthquake took place 179km north of from Sendai, Hukushima at 2:46pm on March 11, 2011. The massive earthquake caused a tusnami that damaged nuclear reactors in Hukushima. The tsunami disabled the power supply to and cooling of the reactors, causing hydrogen explosion and high radioactive releases. The nuclear accident has raised a safety policy issue for spent nuclear fuel in Korea. Spent nuclear fuel in Korea has been kept in the site of nuclear power plants for 38 years. The 23 nuclear power plants in Korea have stored spent nuclear fuel in a temporary storage facility of each plants and the storage space would reach the limit by 2016 at Gori Nuclear Power Plant, by 2019 at Hanbit Nuclear Power Plant, and by 2021 at Hanwul Nuclear Power Plant (former Uljin). Where those power plants extend the storage space by using temporary storage pools, the storage space is expected to reach the limit by 2024 at Hanbit Nuclear Power Plant (former Younggwang), by 2038 at Shinwalsung Nuclear Power Plant. As the storage capacity is limited, the Korean government is at a crossroads to decide whether the spent fuel should be permanently disposed and whether the spent fuel should be stored at the intermediate stage before permanent disposal. The Korean government proposed a management plan on spent nuclear fuel in June, 2015. The plan proposed the need for establishing “Special Act on Spent Nuclear Fuel Management (tent.)” which is expected to make constant and stable implementation of policy for spent fuel management. Setting a policy direction on spent fuel management is important and significant not only for stable energy supply but also for the citizens considering its consequences. Therefore, it is the responsibility and duty of this generation to raise an appropriate solution for finding a site for spent fuel and supporting the region to which the site would be belonged. The proposed “Special Act on Spent Nuclear Fuel Management (tent.)”, which is part of the national legislative task on spent nuclear fuel management, has provisions on the legal definitions of ‘short-term storage facility (a separate storage facility in the site)’ and of ‘storage facility before disposal (storage facility at an intermediate stage)’ in order to dismiss any legal confusion on whether silo and Macstor at Walsung plant in Gyeongju are related facilities or relevant facilities. The proposed Act also has provisions on the establishment of “Management Committee for Spent Nuclear Fuel” that deliberates important matters on support for a region inviting a spent fuel storage facility; the establishment of “a process of public participation in selecting a spent fuel disposal site’ in order not to repeat the same mistake as the one made during a search process for a site of low-and intermediate-level of nuclear wastes; the establishment of a plan to nurture local residents of the region with a storage facility to be nuclear experts and to develop the region as a tourist city; more subsidiaries and supports than those for the regions inviting a disposal site of low-and intermediate-level of nuclear wastes; and a plan to develop technology for spent nuclear fuel and efficient safety and management system through the establishment of Residents Surveillance Center (tent.), Resident Fund, and Spent Fuel Management Corp.(tent.). Finally, the paper proposes a systematic overhaul of the Nuclear Safety Act by having a change of Chapter VI ‘Disposal and Transportation’ of the Nuclear Safety Act and separate provisions for each item subject to control: Chapter VI ‘Storage and Treatment of Nuclear Wastes’ - Section 1 Storage [Facility] of Nuclear Wastes, Section 2 Incineration [Facility] of Nuclear Wastes, Chapter VII ‘Disposal of Nuclear Wastes’ - Section 1 Disposal [Facility] of Low-and Intermediate-Level of Nuclear Wastes, Section 2 Disposal [Facility] of High-Level of Nuclear Wastes, Chapter VIII ‘Intermediate Storage of Spent Nuclear Fuel’ – Section 1 Intermediate Storage [Facility] of Spent Nuclear Fuel, Section 2 Approval on Design of Storage Container for Spent Nuclear Fuel, Chapter IX ‘Transportation of Radioactive Materials.’