원자력안전위원회의 원자력시설 현장감독체계에 관한 공법적 고찰 ― 지역사무소의 현장감독권한을 중심으로 ―

초록

The publication of the Official Report of the Fukushima Nuclear Accident Independent Investigation Commission has raised public awareness of the importance of independence of the nuclear regulatory agency and its oversight system in Korea. The on-site nuclear oversight program is indeed one of the most important regulatory functions in ensuring the nuclear safety. It not only observes and cares for the status and soundness of nuclear facilities but also provides necessary information to carry out the entire core regulatory functions of a regulatory agency. Accordingly, since its inception the Korean Nuclear Safety and Security Commission(hereinafter the NSSC), the nation's first independent nuclear regulatory agency organized in October 2011, has been striving to strengthen its on-site oversight function. The establishment of the five regional offices is the most notable result of this effort. However, the regional offices are, though strategically established, considered to be the weakest organizational link of the NSSC. This is mainly because demands for strengthening their functional and organizational competence have not been fully realized. Moreover, the fact that their oversight system has not been adequately studied and developed from a legal perspective also contributes to such analysis. Even the general nuclear oversight system has not been examined in depth in the Korean legal academia, despite the need has existed for some time. This paper thus aims to examine the on-site oversight function of the NSSC regional offices with the nuclear law at home and abroad and the administrative law. It focuses on legal issues raised over its oversight authority, specifically. The discussions proceed as follows: First, it provides a general background information of the NSSC regional offices (II). Next, it analyzes the legal issues of delegation of work and authority with respect to the regional offices’ oversight function (III), and, then, examines the legal issue of a lack of legal basis of the unannounced inspection (IV). Lastly, it addresses the issue of a lack of enforcement measures to support of the regional offices oversight program (V).

키워드