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The Activation of the Nuclear Power Plant Decommissioning and the Legal Problems of Export Support and Regulation

  • Journal of International Business Transactions Law
  • Abbr : IBT
  • 2020, (28), pp.71-98
  • DOI : 10.31839/ibt.2020.01.28.71
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law > Private Law > International Commercial Transactions Law
  • Received : December 21, 2019
  • Accepted : January 8, 2020
  • Published : January 31, 2020

Jeong Sang - Keun 1

1영산대학교

Accredited

ABSTRACT

The incumbent administration is making a change in its existing energy portfolio by taking a power-generating policy. Increasing unemployment in the nuclear power plant sector, reducing various subsidies for nuclear power plants, reducing local taxes, and resulting slowdowns in the nuclear power plant industry and the local economy around nuclear power plants are becoming visible. To address this, the revitalization of the nuclear industry is necessary, as well as the revival of the power generation industry itself, as well as the newly expanded dismantling industry. I think there is room to check whether the overall downturn in the nuclear industry can be overcome by the existing support system for nuclear power plants. It was previously thought that there was a lot of support in the nuclear power plant sector and the surrounding areas, but there was relatively little support for the nuclear power industry, and it was difficult to obtain the industrial inducement effect of the area as the KHNP's direct support for the operator was not sufficiently funded and focused on resident acceptance rather than the local industry. It is also worth considering a plan to increase the local resource facility tax by 50 percent to expand the size of the aid funds, and to ensure that the amount is spent solely on revitalizing the local industry. Can the new decommissioning market replace the existing power generation market? Currently, the size of the two markets is only about 10 percent of the power generation market. Moreover, the technical link between the two markets aside, there is a time difference in technology peak, which makes it difficult to relocate the workforce between industries. Efforts are required to enhance the technological capabilities of the dismantling market itself and expand the domestic and overseas markets by developing necessary technologies. At the same time, it will have to improve the dismantling system to improve efficiency. It is believed that the dismantling of the nuclear power plant requires sufficient funds because it takes a considerable amount of time and cost, and that supplementary work is needed to establish maintenance regulations for the provision reserve by improving the provision system currently adopted during the fund establishment and the provision calculation method in detail. In addition, it is deemed necessary to set up a dismantling communication device centered on KHNP, such as France's Areva, in order to clearly evaluate and create the costs of dismantling, handle the office of nuclear power plant destruction, secure the dismantling technology, increase exports, and increase international exchanges. In the early stage of the industry, vitalization measures should be taken at home and abroad. It will be necessary to place an order for the dismantling facilities project early by developing the dismantling project into a protective business, and to carry out research and development and commercialization work for the technology upgrading as a helper of the dismantling research institute. In particular, high levels of technology and office processing capabilities are required to handle spent nuclear fuel, which has been gradually growing in proportion to the nuclear cycle transaction. In order to enhance technology processing capabilities, a combination of technical development support, certification cost support, financial support, and manpower training support will have to be provided. Finally, there should be sufficient understanding of the legal system for overseas advancement along with the capacity of the dismantling project. The law system for technology protection requires understanding of the Nuclear Nonproliferation Treaty(NPT), which includes: (1) technical protection measures to enable the Minister of Commerce, Industry and Energy to exercise disposal rights at the national security level; (2) security guidelines to prevent the outflow of research and development products; (3) closed-door actions of industrial technology by trial; and (4) the Nuclear Nonproliferation Treaty (UN Proliferation Treaty), which is the norm of Korea- U.S.S.A.A.

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