심층처분장과 책임 (Deep Geological Repositories and Nuclear Liability)
보고서는 국제 원자력 책임 협정과 국가별 법령 규정에 따른, DGR로 인한 손해의 책임과 법적 체제 적용 방법 등에 초점을 맞추고 있습니다.
The development and use of nuclear technology, such as nuclear power plants, has produced a substantial amount of radioactive waste that needs to be isolated from humans and the environment. Some of this waste can produce hazardous levels of ionising radiation that may persist for a long time. Disposal in a deep geological repository (DGR) is a scientifically and technically credible solution for such waste that meets the need for long-term safety without relying on active monitoring and management. After closure, a well-designed repository offers a passive system for maintaining isolation of the waste over necessary timescales based on the combined performance of robust engineered and natural barriers. Nevertheless, it is important to assess the potential risks that may be associated with such a nuclear installation and to ensure that an appropriate regime is in place to adequately compensate third parties in case they suffer nuclear damage caused by a DGR. Given the unusually long life cycles of such installations, this report discusses issues that concern future generations against the background of the legal framework that is currently applicable to the operation of nuclear installations, as well as existing technical knowledge. However, this report takes into consideration the fact that both the legal frameworks and the technical knowledge will evolve in time and that the approaches discussed today may need to be adapted in the long term. The question of the civil liability regime applicable to DGRs has been raised by stakeholders involved in the development of DGR projects who wish to understand the legal risks associated with the operation and closure of these facilities and how to mitigate them through insurance or other financial security. However, the answer will also be of interest to all stakeholders, in particular the population living around the site, the suppliers and insurers. It is important to stress that this report focuses exclusively on the application of the legal regimes for third party (or civil) liability for nuclear damage, as established under the existing international nuclear liability conventions and the national legislations of countries that have ratified them. This report does not take into account other liability regimes that may be applicable in case of radiological damage caused by an incident at a DGR (such as general tort law, product liability regime), nor any other type of liability or responsibilities that organisations involved in the construction and operation of DGRs may bear (such as, but not limited to, contractual liability or the financial responsibilities dealing with the management of the radioactive waste). In order to assess the applicability of the nuclear liability regime(s) to DGRs, three Standing Technical Committees of the Nuclear Energy Agency (NEA), namely the Committee on Radiological Protection and Public Health (CRPPH), the Nuclear Law Committee (NLC) and the Radioactive Waste Management Committee (RWMC), agreed to work together to enhance common understanding among legal and technical experts of nuclear liability regimes and the long-term hazards posed by radioactive waste disposal. Specifically, the identified aims were: to assess the technical and radiological aspects of DGRs that must be taken into account when addressing nuclear liability issues; to examine and assess how nuclear liability regime(s) should be applied to DGRs throughout the pre- and post-closure phases, as well as related financial security and insurance, taking into account current management practices for radioactive waste; and to assess subsequently whether the outcomes agreed for DGRs can also be applied to nearsurface disposal facilities, noting that this specific question is left for future discussions. The 1st Workshop on Deep Geological Repositories and Nuclear Liability, which was held on 14-15 November 2016 in Paris, was the first initiative of this joint undertaking of the three NEA committees. This workshop was organised for the legal and technical experts to understand each other’s approaches and concerns with regard to DGRs and to encourage discussion on the nuclear liability regime(s) applicable to these installations. Fifty-seven people participated in the workshop from the CRPPH, NLC and RWMC, as well as regulators and representatives from international organisations and the insurance industry. The Working Party on Deep Geological Repositories and Nuclear Liability (WPDGR) 1 was established following the 2016 workshop and held several meetings to investigate further the outstanding issues. The WPDGR also performed a survey circulated to NEA member countries to collect additional information on national programmes for the development of DGRs. This report is the result of the aforementioned workshop, meetings and survey organised by the WPDGR over the 2016-2021 period and of the collaboration of the CRPPH, NLC and RWMC to present the most up-to-date information on nuclear liability as applicable to DGRs.
국내외 전문자료
2023-08-31
국내외 전문자료심층처분장과 책임 (Deep Geological Repositories and Nuclear Liability)
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