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상권 : 원자력발전소 해체에 관한 환경법적 고찰 -환경영향평가를 중심으로-
이지헌 ( Ji Hun Lee ),김한가희 ( Hang A Hee Kim ) 안암법학회 2014 안암 법학 Vol.0 No.43
After the commercial start of the first nuclear plant at Kori in 1978, of the 23 nuclear plants today, there are increasingly more nuclear plants that are nearing the end of their construction lives. If their lives are not extended, there will be 12 left by 2020 and even if their lives are extended by a further 20 years, 12 will come to a permanent halt by 2040. Since the decommissioning of nuclear power plants is a problem of the near future, a solution is rapidly required. This dissertation concerns the analysis of the current legal system and the problems regarding the decommissioning of nuclear power plants as well as providing a solution by applying environmental law. Examining Korea`s law regarding the decommissioning of nuclear power plants, the 28th article of the nuclear safety law regulates only the stage before the decommissioning and its process, but has no regulation concerning the aftermath of the decommissioning. Moreover, these laws, unlike construction related regulations, are very simple and abstract. During the construction of nuclear plants, whilst the licensee must undertake environmental impact assessment and radiation environmental impact assessment according to the ENVIRONMENTAL IMPACT ASSESSMENT ACT and NUCLEAR SAFETY ACT respectively, only ``the assessment of the impact of radiation material on the environment`` is required during the decommissioning of nuclear power plants. Even though the decommissioning stage is as important as the construction and possesses environmental danger, the current law does not require the environmental impact assessment and the radiation environmental impact assessment. To make matters worse, there is currently no legal regulation regarding ``the assessment of the impact of radiation material on the environment``. Hence with an assessment that lacks content and concreteness, an irrational decommissioning process may take place. Since there is currently no legal standard regarding the decommissioning of nuclear power plants, a clear process of regulation is required. Most importantly, it is paramount that a legal regulation specifying ``the assessment of the impact of radiation material on the environment and its solution`` which is needed in order to gain the acceptance of decommissioning should be provided. Furthermore, since the regulation contents may not be very clear and be subject to varied analysis, there must be improvements in the system in order that legal regulations be understood more clearly. In addition, as there is concern that the proximate environment may be affected by radiation material during the decommissioning process, before the acceptance of the decommissioning, environmental impact assessment and radiation environmental impact assessment according to the ENVIRONMENTAL IMPACT ASSESSMENT ACT and the NUCLEAR SAFETY ACT must be executed. Moreover, since the effect of the decommissioning is not limited to the region of the nuclear facilities, collaboration between the local government and the licensee is vital. The decommissioning of nuclear power plants is a must in the future. The legal system regarding the environmental effects of decommissioning must be improved, opinions of residents be converged as well as obtaining cooperation with the local government. Thus if such common knowledge of the decommissioning of nuclear power plants is provided beforehand, it will gain the trust of the residents as well as augmenting the transparency of the construction project.
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