• 제목/요약/키워드: Theory of Substituting Substantial Judgment

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THE IMPROVEMENT OF NUCLEAR SAFETY REGULATION: AMERICAN, EUROPEAN, JAPANESE, AND SOUTH KOREAN EXPERIENCES

  • CHO BYUNG-SUN
    • Nuclear Engineering and Technology
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    • 제37권3호
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    • pp.273-278
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    • 2005
  • Key concepts in South Korean nuclear safety regulation are safety and risk. Nuclear regulation in South Korea has required reactor designs and safeguards that reduce the risk of a major accident to less than one in a million reactor-years-a risk supposedly low enough to be acceptable. To date, in South Korean nuclear safety regulation has involved the establishment of many technical standards to enable administration enforcement. In scientific lawsuits in which the legal issue is the validity of specialized technical standards that are used for judge whether a particular nuclear power plant is to be licensed, the concept of uncertainty law is often raised with regard to what extent the examination and judgment by the judicial power affects a discretion made by the administrative office. In other words, the safety standards for nuclear power plants has been adapted as a form of the scientific technical standards widely under the idea of uncertainty law. Thus, the improvement of nuclear safety regulation in South Korea seems to depend on the rational lawmaking and a reasonable, judicial examination of the scientific standards on nuclear safety.