원자력발전소시설의 전주기적인 물리적방호 규제체계 정립을 위한 법제개선 방안

• 영문명: A Proposal to Establish a Law on Physical Protection System for Front-End Life Cycle of Nuclear Facilities
• 발행기관: 중앙대학교 법학연구원
• 저자명: 김종천(Kim, Jong Cheon)
• 간행물 정보: 『법학논문집』法學論文集 第40輯 第3號, 277~324쪽, 전체 48쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.12.13

영문 초록

The heads of over 50 states around the world and of international organizations had a serious discussion on the imminent nuclear security issues including the prevention of nuclear-related terrorism and the safe management of nuclear materials that the international community has faced at the Nuclear Security Summit held in Seoul in March, 2012. Safety and security of nuclear facilities is more imperative than those of other facilities are because the possibility of nuclear materials being taken or of threats to nuclear facilities by terrorist groups is likely to harm the life and the body of the people. In order to prevent the malicious use of nuclear materials and terror attacks against nuclear plants, the IAEA and the international community established international norms on physical protection in the related area and later established the Convention on the Physical Protection of Nuclear Material in February, 1987. On top of it, INFCIRC/225 has been issued even before the enforcement of the Convention on the Physical Protection of Nuclear Material. With respect to such efforts, the US has reinforced its physical protection drills since the September 11 terror attack in 2011. The tight protection plan requires nuclear power plants to carry out countermeasure training, evaluate the training every three year (previously eight years), and carry out an interim strategic physical protection drill. Japan seems not having had much discussion in the domestic academic circle on the establishment of a physical protection system for a nuclear power plant from the design stage. Japan has currently accepted a recommendation of the joint research with the US researchers and of the IAEA. Keeping up the pace with the international efforts to bolster the physical protection of nuclear facilities, Korea established the Act on Measures for the Protection of Nuclear Facilities, Etc. and Prevention of Radiation Disasters (Act No. 6873) on May 15, 2003 to protect nuclear materials and nuclear facilities. The Act has laid a legal and systemic foundation of building a physical protection system. However, there exists a difference between the period for construction permits and operating licenses (Article 10 and 20) under the Nuclear Safety Act and the period for permits on control plan under the Act on measures for the Protection of Nuclear Facilities, Etc. and Prevention of Radiation Disasters (Article 9 and 20). The Nuclear Safety Act requires a nuclear business to consult with regulators nine years in advance of the starting of a nuclear facility, whereas the Prevention of Radiation Disasters Act requires a nuclear business to consult with relevant agencies five months in advance. The difference in the provisions of the two acts shows the limits in establishing a physical protection system for the life cycle of nuclear power plants. This study proposes a way to relate and unify the Nuclear Safety Act and the Act on Measures for the Protection of Nuclear Facilities, Etc. and Prevention of Radiation Disasters in terms of safe operation of nuclear plants under the Nuclear Safety Act in order to build a physical protection system for the life cycle of a nuclear facility. Proposal no. 1 proposes “a way to overhaul a physical protection system under the Nuclear Safety Act and the Act on Measures for the Protection of Nuclear Facilities, Etc. and Prevention of Radiation Disasters” and proposal no. 2 proposes “a way to amend laws related to physical protection, with particularly focusing on the Act on Measures for the Protection of Nuclear Facilities, Etc. and Prevention of Radiation Disasters.”

목차

Ⅰ. 들어가는 말

Ⅱ. 국외 원자력발전소시설의 물리적방호에 관한 기준 및 법제 분석

Ⅲ. 우리나라 원자력발전소시설의 물리적방호 관련 법제 분석 및 문제점

Ⅳ. 원자력발전소시설의 전주기적 물리적방호 규제체계 구축을 위한 법제 개선 방안

Ⅴ. 맺는 말