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Original Article

Structure and Framework of Individual Laws Related to Radiation Risk Regulation in South Korea

원문정보

Eunok Han, Min Baek

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초록

영어

Background: This study aims to analyze the individual laws regulating radiation risks in South Korea in order to understand the legal framework for radiation risk regulation and to propose improvements necessary for effective radiation risk regulation. Materials and Methods: This study is qualitative in nature. Expert consultations were conducted, and current laws related to radiation risk regulation were identified through the legal information center’s search engine. Previous studies on radiation risk regulation were also reviewed. First, a total of 31 individual laws related to radiation risk were identified. Second, the objectives of each law, the scope of radiation risk regulation, and the responsible administrative departments were organized. Third, the structure of the current legal framework for radiation risk regulation was organized. Results and Discussion: The legal framework for regulating radiation risks in South Korea appears to be classified into two categories. One for regulating the risks associated with nuclear power generation and another for regulating radiation risks unrelated to nuclear power plants. Although the Nuclear Safety Act is not formally classified as a fundamental law, it exhibits characteristics typically associated with such laws. In contrast, the other laws, while related to radiation safety, do not possess the characteristics of a fundamental law and are thus considered individual statutes. Conclusion: The Nuclear Safety Act functions as a fundamental law, the administrative organizations specified in this law would be able to perform functions such as risk determination, management, and judgment under the principles of a rule-of-law state, in relation to the individual laws regulating radiation risks. If it is not feasible for the Nuclear Safety Act to serve as the fundamental law, the normative systems within the individual laws regulating radiation risks must be improved to enable them to perform standardized functions for risk determination, management, and judgment.

목차

ABSTRACT
Introduction
Materials and Methods
Results
1. Legal Framework for Radiation Risk Regulation in South Korea
2. Laws on Regulation by Radiation Risk Level
3. Laws on Administrative Organizations Related to Radiation Risk Regulation
4. Laws Related to the Nuclear Safety Act
5. Laws Related to the Promotion of RadiationTechnology and Nuclear Power Utilization
Discussion
Conclusion
Article Information
References

저자정보

  • Eunok Han SNU Nuclear Energy Police Center, Seoul, Republic of Korea
  • Min Baek Division of Advanced Nuclear Engineering, Pohang University of Science and Technology, Pohang, Republic of Korea

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