독일의 탈원전 및 원전해체 관련 입법의 법적 쟁점

Since the introduction of nuclear energy in the 1960s and 1970s, the nuclear industry around the world has achieved a history of ups and downs like a roller coaster. Despite the rapid change of the curved nuclear energy policy, heated legal debates and litigations surrounding the nuclear phase-out policy are still developing at a unique pace, offering various implications. The most representative example of this can be found in Germany. This paper examines the legal debates over the legislation of the nuclear phase-out policy under the ever-changing climate of nuclear policies, and examines the legal issues inherent in the nuclear dismantling and decommissioning system, which has emerged as a new issue regardless of a political landscape of the nuclear energy policy. Specifically, this paper first reviews the development process of Germany's nuclear energy policy. In order to understand the overall context of this process, both the historical and the political developments are observed followed by an examination of the evolution of the German nuclear law. Next, the Federal Constitutional Court's judgment on the complaint of nuclear operators against the 2011 Nuclear Phase-out Act (the 13th amendment of the Atomic Energy Act) enacted in the aftermath of the March 11, 2011 Fukushima nuclear accident is analyzed. Lastly, the German legal framework on the dismantling and decommissioning licensing scheme, which has become one of the priorities of the recent German national nuclear policy, is reviewed along with analyses of the Federal Administrative Court's judgment on its interpretation.