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> 고려대학교 법학연구원 > 고려법학 > 61권 0호

초국경적 환경피해에 대한 구제방법 등에 관한 소고; -일본 후쿠시마 원전사고와 관련하여

An Overview of Legal Remedies for Transboundary Environmental Harm: Focusing on Nuclear Explosion at Japan`s Fukushima Nuclear Plant

오선영 ( Sun Young Oh )

- 발행기관 : 고려대학교 법학연구원

- 발행년도 : 2011

- 간행물 : 고려법학, 61권 0호

- 페이지 : pp.1-40 ( 총 40 페이지 )


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논문제목
초록(외국어)
A powerful explosion hit a nuclear power station in Fukushima, north-eastern Japan which was badly damaged in devastating earthquake and tsunami. In order to prevent the explosion of the plant, sea water was being pumped into the site to lower temperatures. The water being used to try to cool the reactors and the dangerous spent fuel rods was leaking through fissures inside the plant, seeping down through tunnels and passageways to the lowest levels, where it is accumulating into a sea of lethal waste. Therefore, the high-level radioactive substances in the water was supposed to be safely stored, processed and solidified. However, the radioactive waste water was discharged into the sea to make room for dealing with some of the high unit radioactive water without prior notice to neighboring States. Since the safety of the waste was not proved yet, the international society accused Japanese government of responsibility for such act. Therefore, how to call the Japanese government to account was strongly questioned. The Korean citizens may demand compensation for intended dump of the nuclear waste into the sea when harms have occurred. However, it is unlikely to be practicable because it is extremely difficult to prove a causal relationship between the dump of such waste and the actual harm, which is the mandatory element of a claim for damages. The Korean government may argue that the Japanese act in the discharge of radioactive effluent might violate international law on the ground that the government has a duty to prevent environmental pollution under the international environmental law. However, it also seems to impracticable due to the difficulty of a causal relationship proof, relief insufficiency and diplomatic problems. Therefore, in order to prepare effective solutions for nuclear damages, we must have a legal basis at the domestic law so as to make a claim for damages caused by Japanese nuclear waste. At the international level, it is urgent to encourage States to become a member of Convention on Supplementary Compensation for Nuclear Damage and to sign the regional environmental agreements that make the duties of prior notice and exchange of information mandatory and contain the enforcement mechanism.

논문정보
  • - 주제 : 사회과학분야 > 법학
  • - 발행기관 : 고려대학교 법학연구원
  • - 간행물 : 고려법학, 61권 0호
  • - 발행년도 : 2011
  • - 페이지 : pp.1-40 ( 총 40 페이지 )
  • - UCI(KEPA) : I410-ECN-0102-2012-360-002447321
저널정보
  • - 주제 : 사회과학분야 > 법학
  • - 성격 : 학술지
  • - 간기 : 계간
  • - 국내 등재 : KCI 등재
  • - 해외 등재 : -
  • - ISSN : 1598-1584
  • - 수록범위 : 2001–2019
  • - 수록 논문수 : 695