原子力損害賠償法上 損害賠償의 範圍에 관한 小考

• 영문명: Atomic Energy Damages Act Study on the Scope of Damages
• 발행기관: 경희법학연구소
• 저자명: 이창규(Lee, Chang-kyu)
• 간행물 정보: 『KHU 글로벌 기업법무 리뷰』제3권 제2호, 77~104쪽, 전체 28쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2010.12.30

영문 초록

The 1960 Paris Convention on Nuclear tort (nuclear area of the Paris Convention Article 3 ought to get down on yourself (Convention on Third Party Liability in the field of Nuclear Damage; Paris Convention), 1963 Vienna Convention (on civil liability for nuclear damage in Vienna Convention (Vienna Convention on Civil Liability for Nuclear Damage; Vienna Convention), starting with the aforementioned 1979 TMI accident, the Chernobyl nuclear accident in 1986 through the reserve to pay damages to the need for securing an additional system of the Vienna Convention liability limits Convention on the increase and compensation (CSC: Convention on Supplementary Compensation for Nuclear Damage) is the realization of the adoption in 1997, the Paris Convention liability in the 2004 adoption of the impression that as soon as the first payment from the Paris Convention, subject to further funding system introduced here in Brussels Supplementary Convention (Convention Supplementary to the Paris Convention on Third Party Liability in the field of Nuclear Energy: the Brussels Supplementary Convention) increase in the compensation limit was two behind the scenes look, but in the United States (Price-Anderson Act) of through amendments to nuclear power operators liability dramatically escalated substantially amended the Act (2005) This was in Germany to deny both domestically and Limitation of Liability (1985 Revision), the Paris Convention and the Brussels Supplementary Convention, beyond the limits of Major funding for the preparation of the compensation system was established (2002 revision). In the case of Japan, Tokyo Electric Power 2007 by an earthquake in the wake of the incident nuclear radiation damages the reality of the issue of damages yielded this problem being caused in our country a lot of the current Nuclear Compensation Act is affecting your hands. This country is associated with the country s nuclear tort of Atomic Energy was enacted in 1969 through a revision of the turbine while the international trend in the direction of conforming to has changed. But our country is still not a member of various nuclear treaties, but the framework of the Convention can be said quite approached. Especially the principle of strict liability, the principle of concentrated responsibility, the principle of limited liability and regulation. But the nuclear issue in the scope of damages for loss of prestige in the interpretation of the lack of regulation through tort nuclear power is bound to set a range of. In other words, the perpetrators of the act of others, harm caused the horse if the illegal configuration requirements to meet, he or she thereby damage caused in whole, but within a certain range within the main damages only for the liability, however, nuclear operators nuclear damages responsibility in order to belong to a nuclear accident that occurred within the scope of damages remedies out of harm should be done to determine the normative judgments. Nuclear strict liability for tort by recognizing that the scope of responsibility for the negligence and causation are equally applied to predict at the time to anticipate and also to assess compensation for damages should normally occur. In other words, the establishment of strict liability only in the presence of fruit just do not ask for another dot, unlike any other illegal activity will be addressed because there is no particular reason. In other words, even if strict liability is the general rules and theories of tort are subject to. So these have sufficient awareness of issues under the law and common law, first in our range of damages compared to the general theory of vomit after examination, to determine the scope of nuclear energy on tort law through the Act on the basis of the scope of damages can find out I will.

목차

Ⅰ. 序論

Ⅱ. 損害賠償의 範圍에 관한 理論

Ⅲ. 原子力損害에 대한 損害賠償의 範圍에 관한 法律的 問題

Ⅳ. 結論