원전의 위험과 환경법의 역할

As a solution for preventing environmental risks and dangers that might be caused by nuclear radiation leakage or a radiological accident in any of the nuclear power plants built in the area of Gyeongju and Ulsan, due to the earthquakes that occurred in Gyeongju in September 12, 2016 and in Pohang in November 2017 respectively, President Moon Jae-in of the Republic of Korea pledged to withdraw all plans to build new nuclear reactors (Cheonji 1 and 2 reactors and Shinhanul 3 and 4 reactors) and to cease to extend the design life of nuclear reactors in his speech at the ceremony for declaring the permanent closure of Kori 1 reactor. This pledge is very important to Korea, where modern society is deemed a risk society (Risikogesellschaft), as its government determined to implement a policy for reducing nuclear power plants incrementally to build a “nuclear-free, coal-free” nation and accomplish energy transition (Energiewende). In order to establish a basis for implementing regulations on safety throughout the entire life cycle of nuclear power plants in Korea in such context and to improve safety management to protect the lives, health, etc. of the people from radiation that might leak from nuclear power plants, it is necessary to analyze various regulations: Regulations on environmental risks and dangers in the course of building reactors for power generation and incidental facilities under the current Nuclear Safety Act; regulations on environmental risks and dangers in the course of operating reactors for power generation and incidental facilities; regulations on environmental risks and dangers in the course of building and operating facilities for managing radioactive wastes; and regulations on environmental risks and dangers that might arise when dismantling reactors and incidental facilities. Therefore, as a legislative task for strengthening regulations on environmental risks and dangers under the current Nuclear Safety Act, this paper suggests a scheme to abolish provisions exempting from the duty to “prevent environmental pollution by radioactive substances” under the Framework Act on Environmental Policy, the framework Act of environmental law; to include “projects related to facilities for managing radioactive wastes” in “energy development plans” as projects subject to strategic environmental impact assessment or environmental impact assessment under the current Environmental Impact Assessment Act; to amend statutes regarding “radiological environmental impact assessment” under the Nuclear Safety Act; and to re-define such indefinite concept as “public safety and disaster prevention” as conditions prescribed by the current Nuclear Safety Act for reusing the sites of nuclear power plants after reactors are dismantled. Furthermore, this paper proposes a scheme for improvement by providing for matters related to “developing technology for dismantling reactors” to raise the level of regulation on environmental risks and dangers under the current Nuclear Safety Act; providing for matters regarding “human resources- specialized in dismantling reactors”; reforming statutes regrading “public hearings” for “gathering consensus of residents” and formalities of public hearings; and finally integrating the systems for managing social conflict by legislating “Act on the Establishment and Operation of the National Consensus Committee (tentative title).” In conclusion, legislators should abandon the idea that all safety issues can be resolved by several legislative amendments; should frequently assess whether safety management is effectively performed to control environmental risks and dangers that might be caused to the lives, health, etc. of the people by radiation leakage or an exposure to a radioactive substance in the current processes of building, operating, and dismantling nuclear power plants and building and operating facilities, etc. for managing radioactive wastes; and should continually and progressively amend the current Nuclear Safety Act and the Framework Act on Environmental Policy, which regulates matters within the jurisdiction of the Ministry of Environment; and should enact “Act on the Establishment and Operation of the National Consensus Committee (tentative title).”