원자력 손해에 대한 민사책임 (Civil liability for nuclear damage)

서지정보

· 발행기관 : 한남대학교 과학기술법연구원
· 수록지 정보 : 과학기술법연구 / 17권 / 2호 / 225 ~ 266페이지
· 저자명 : 이영규

초록

On March 11, 2011, a devastating earthquake and the resulting tsunami crippled nuclear reactors at the Fukushima power plant in Japan. In this case was a great deal of fear of nuclear accidents.
Nuclear Damage Compensation Act was enacted to foster the development of atomic energy by private enterprise and to protect the victims in the event of nuclear damage. Industry and private insurance were not sufficient to absorb the risk of a major nuclear accident causing extensive damage. It would be unable to continue in the field unless its liability was limited by legislation. Under the Nuclear Damage Compensation Act, liability for a nuclear accident was limited to 300,000,000 SDR plus the amount of liability insurance available on the private market. If damages exceeded the amount of the private insurance, the government would indemnify the licensee in an amount not to exceed 300,000,000 SDR. Later, provisions were added requiring each reactor in existence to contribute some amount to a fund to be used to compensate victims after a nuclear incident. The amount of financial protection required of a licensee is the amount of liability insurance available from private sources and the fund set up by industry.
To increase the liability limit is necessary to amend the Nuclear Damage Compensation Act.

영어초록

On March 11, 2011, a devastating earthquake and the resulting tsunami crippled nuclear reactors at the Fukushima power plant in Japan. In this case was a great deal of fear of nuclear accidents.
Nuclear Damage Compensation Act was enacted to foster the development of atomic energy by private enterprise and to protect the victims in the event of nuclear damage. Industry and private insurance were not sufficient to absorb the risk of a major nuclear accident causing extensive damage. It would be unable to continue in the field unless its liability was limited by legislation. Under the Nuclear Damage Compensation Act, liability for a nuclear accident was limited to 300,000,000 SDR plus the amount of liability insurance available on the private market. If damages exceeded the amount of the private insurance, the government would indemnify the licensee in an amount not to exceed 300,000,000 SDR. Later, provisions were added requiring each reactor in existence to contribute some amount to a fund to be used to compensate victims after a nuclear incident. The amount of financial protection required of a licensee is the amount of liability insurance available from private sources and the fund set up by industry.
To increase the liability limit is necessary to amend the Nuclear Damage Compensation Act.

참고자료

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