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Collateral Ability of Insurance Contract and Compensation Agreement in the Liability of Nuclear Damages and Its Improvement Measures
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원자력 손해배상책임에 있어서 보험계약 및 보상계약의 담보력 문제와 그 개선방안

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Type
Academic journal
Author
Journal
(사)한국보험법학회 보험법연구 보험법연구 제11권 제1호 KCI Accredited Journals
Published
2017.1
Pages
3 - 22 (20page)

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Collateral Ability of Insurance Contract and Compensation Agreement in the Liability of Nuclear Damages and Its Improvement Measures
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With the launch of new climate change system, the shift in the energy paradigm is being attempted in terms of energy cost reduction and response to global warming, nuclear power is recognized as the basic power source. The number of nuclear power plants are increasing. Switzerland who decided to opt away from nuclear power started overturning its decision. The safety is an absolute factor in nuclear power, and it is necessary to prepare technologies and systems to mitigate or eliminate damages in the event of an accident, Victims must be protected sufficiently at the time of an accident. At the same time, systems that shall contribute to or at least will not hinder the progress of nuclear industry need to be built up. However, since there are no sufficient studies on the nuclear liability act of major countries on nuclear power, its in-depth analysis is required. Also, current trends in nuclear power-related treaties should be identified. Implications for the nuclear liability in Korea need to be derived by surveying and analyzing the nuclear liability acts of advanced countries on nuclear power, and international nuclear power treaties. In order to determine the trends in systems of major countries (the US, France and Japan), the nuclear liability acts of these countries were analyzed. Through such analysis, a trend that the liability of the nuclear operators is increasing was identified. It can be stated that the key of the nuclear liability system is how to effectively place the insurance, compensation, domestic and international fund raising, and governmental support. Problems in this regard are as follows. Reparation measures need to be diversified plans to use the mutual insurance and deduction should be considered reparation measures. An union including the construction companies and parts suppliers of nuclear power plants need to be considered. Liability limit for nuclear operators is expected to be gradually increased. Finally, the government's role needs to be specified in legislation. Currently, the legal stability is damaged since the details of government support are not specified. This study has been conducted for the nuclear liability act to be standardized in order to achieve two objectives of protection of victims in the event of accidents and the development of the nuclear industry in the field of nuclear power where safety is the top priority. Building of a developmental model of nuclear liability act was suggested through the introduction of a useful system in Japan where the nuclear accident is actually being handled.
#원자력손해배상 #배상책임한도 #배상조치 #보충협약 #무한책임제도 #국제기금 #공동의정서 #무과실책임. #CSC) #Convention on Supplementary Compensation #Compensation for Damages #Amount of Compensation #Infinite Liability #Limited Liability

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/ / World Nuclear News google schola / / http://www.co.andrews.tx.us/docs/WCS_Resolution.pdf / 2004 / 秋庭原子力委員?委員の海外出張報告 google schola / 2007 / 원자력보험 ‘풀’, 원자력보험의 이해 / KOREAN RE google schola ?合資源エネルギ?調査? / 2014 / 地域における合意形成に向けた取り組み / 原子力?電環境整備機構 google schola

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