사전배려원칙에 관한 공법적 고찰

• 영문명: Risk Management of Living Modified Organisms - An Examination of the Precautionary Principle under the Public Law -
• 발행기관: 경희법학연구소
• 저자명: 정관선(Jung Kwan-Seon)
• 간행물 정보: 『경희법학』제42권 제3호, 287~322쪽, 전체 36쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2007.12.30

영문 초록

Technological risk is inherent in the human condition and is therefore inevitable and ubiquitous. Such risk urges the importance of abstract risk management that is consistent with the progresses made in such modern technologies as nuclear energy, biotechnology, and other high technologies. The precautionary principle acts as an important foundation for regulation and management of risk. Prevention is of the greatest importance and the matter of the best possible method. This article focuses on the precautionary principle as a form of risk management. To begin, it is necessary to survey the significance of the precautionary principle. As such, the article begins by taking a triangular position on the notion of risk and analyzes the various categories of risk. For this purpose, Part deals with the judgment of safety, the safety standards, the responsibility of substantiation, and the risk responsibility, which is a kind of national indemnities. Next, Part explores the question of whether various approaches that have been adjusted and developed within the current public law system can solve problems when the application of the precautionary principle comes into a collision . In relevance to the precautionary principle it has conflicts with cost-benefit analysis, Sanitary and Phytosanitary (SPS) agreement, and civil rights. Part raises several issues and searches the effectiveness of amendment proposals related to the introduction of Globally Harmonized System (GHS), an application of administration procedure, and an advisable form of legislation. All of the three mentioned can be an effective counter plan, the most productive of them is the advisable form of legislation. In conclusion, this article proposes that the decision of administration has to be reached not only through benefit analysis but also the constitutional principle of comparison. In addition, the judiciary branch can not participate in the decision-making process because it cannot withhold control on unreasonable decisions that the administration acts.

목차

l. 서 론

ll. 리스크 개념정리

lll. 리스크규제 근거로서 사전배려의 원칙

lV. 사전배려원칙의 적용에 따른 충돌문제

V. 효과적인 리스크관리 대책

Vl . 결 론

키워드

리스크 리스크관리 리스크평가 사전배려의 원칙 비용편익분석 위험 책임 SPS협정 risk risk management risk assessment precautionary principle cost-benefit analysis risk responsibility SPS agreement.