탈원전 정책이 지닌 행정법적 쟁점에 관한 검토

The purpose of this study is to present the policy implication by analyzing the deficiency of administrative law on the enlargement of the public opinion committees in various regions of the domestic, even though the activities of the public opinion committee although the Prime Ministerial Order are violations of the administrative law system. The authors found that the case of the deliberative democracy system, which was started from abroad, was generally limited to the community problems aimed at activating the region. In addition, autuor analyzed that through analysis of interdisciplinary comparisons and foreign cases and articles, it is suggested that procedural issues in the process of constituting domestic public opinion committees as an implication, there are not the rule or act on the legal binding power for the decision organizing of citizen juries, the government has no legal basis to decide to suspend the construction of the nuclear plant, whether the legal theory of balancing requirement sufficiently considering the interests of the relationship with the basic plan has been properly applied or not. In addition, author found that there are foreign information on predicting the increase of nuclear power plants and the discussion committee 's deliberation only by providing such limited information. In other words, there was a procedural defect that did not disclose or share information to the citizen juries in regard to the fact that they provided fair information and did not deliberate on the problems of the nuclear power plant and the problems of the alternative energy cost. In conclusion, the authors suggests that the government porvide people interpretation on international trends more precisely and re - establishes the safe management and support policy of nuclear power generation for the purpose of enhancing the safety and welfare of the people.