국제원자력수출통제규범의 국내이행법제에 대한 비판적 고찰

A Critical Analysis on the Domestic Implementation Legislation of the International Nuclear Import and Export Control Regulations: Focusing on Amendment Proposals of the Nuclear Safety Act

Under domestic law, there is no accurate definition of the concept of nuclear export control. ‘The Nuclear Safety Act’ defines safety measures for the peaceful use of nuclear power and import and export control that blocks the illegal transfer of nuclear goods and technologies as nuclear power control, and ‘the Foreign Trade Act’ stipulates import and export control of especially designed or prepared nuclear items(Trigger List) and dual-use items as a type of strategic items export control. The Nuclear Safety and Security Commission implements import and export control based on the acts above, but the target items are different. Nevertheless, since there is no clear explanation of import and export control, nuclear power control, and the definition and scope of target items in laws and regulations, materials and references explaining Korea’s nuclear import and export control legislation contain contents unlike. With the critical mind, the paper identifies the structure and operating principle of the domestic implementation legislation, derives the problems of the current acts, and puts forwards a amendment proposal in three main aspects upon the Nuclear Safety Act; clarification of the content and scope of import and export control in the Nuclear Safety Act; introduction of the legal basis for nuclear import and export control work that was routinely carried out in the absence of alegal ground; and the enactment of a public notice on the nuclear import and export control. The first proposal made the import and export control legislation systematic by clearly defining similar concepts such as nuclear power control, import and export control, and nuclear power import and export control. The second proposal includes the amendment proposals of relevant acts and regulations on education for non-compliance with import and export control, operation and maintenance of the nuclear export control system, and the obligation of employees of the Korea Institute of Nuclear Control and Technology to prohibit leakage of secrets, which are all legally unfounded. The third proposal is the result of considering the specificity of nuclear import and export control and the convenience of interested persons of the acts and regulations, and increases efficiency by regulating goods and technologies under the jurisdiction of the Nuclear Safety and Security Commission through a separate public notice.