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과제정보

과제정보
과제명 배상 실효성 확보를 위한 원자력손해배상제도 개편관련 정책연구
기관명 원자력안전위원회 담당부서 사무처 방사선방재국 방재환경과
전화번호 02-397-7357 연구기간 2018-03-27 ~ 2018-08-07
연구분야 원자력 안전
개요 ㅇ 다수전문가의 검토를 통한 적정 손해배상제도 개선안 도출 

 ㅇ 스위스, 독일, 미국, 인도 등 주요국의 원자력손해배상 제도에 관한 검토를 통한 개선사항 도출 
   - 배상책임한도 및 재정보증금액, 기금, 국제협약 등 중심 

 ㅇ 민간책임보험 등 재정적 보증금액 확대 방안 연구 
   - 적정 배상조치액 검토 및 기금 설치, 국제협약 가입 등 세부 확충방안 마련 

 ㅇ 원자력손해배상기금 설치에 관한 세부 방안 마련 
   - 최근 10년간 신규 설치된 기금에 관한 사례 검토 
   - 최초 출연금 출연, 사업자의 분담금 규모, 분담금 납부 방식 등
   - 기금 운영기관 및 조직에 관한 검토 

 ㅇ 원자력손해배상기금 지급에 관한 사항 
   - 국내 원전사고시 지출, 인접국방사능 재난시 피해 보상, 국제기금 분담금 납부 등 활용 방안 검토 

 ㅇ 원자력손해배상법 및 기금법 등 관련법 개정안 제시

계약정보

과제정보
수행기관 한국원자력안전재단 [정부출연기관]
수행연구원 한병석 계약일자 2018-03-27
계약방식 수의 계약 계약금액 48,000,000원

연구결과 정보

과제정보
제목 배상 실효성 확보를 위한 원자력손해배상제도 개선 관련 정책연구
영문제목 A policy study on the reorganization of nuclear damage compensation system for ensuring effective co
연구보고서
목차
목 차 제1장. 서론 ···············································································································1 1. 연구의 배경과 목적 ···································································································································1 2. 연구의 방법과 범위 ···································································································································3 (1) 연구방법-제도의 법경제학적 분석 ·······································································································3 (2) 분석범위 ···················································································································································4 제2장. 원자력 손해배상제도의 현황 ····································································6 1. 원자력손해배상제도의 일반적 특징 ·······································································································6 (1) 기본원칙 ···················································································································································6 1) 무과실책임주의 ·······································································································································6 2) 배상책임의 집중 ·····································································································································8 3) 배상조치의 강제 ·····································································································································9 4) 정부의 조치 ············································································································································9 2. 현행 원자력손해배상제도의 개요 ··········································································································11 (1) 현행 원자력손해배상제도의 주요내용 ································································································11 1) 원배법의 목적(제1조) ··························································································································11 2) 원자력손해의 구체화(제2조2항) ·········································································································11 3) 무과실책임 및 책임집중(제3조) ·········································································································12 4) 배상책임 한도(제3조2항) ····················································································································12 5) 구상권(제4조) ·······································································································································13 6) 손해배상조치의무(제5조) ····················································································································13 7) 배상조치액(제6조) ································································································································13 8) 책임보험계약(제7조) ····························································································································14 9) 손해배상청구권의 우선(제8조) ···········································································································14 10) 보상계약(제9조) ·································································································································14 11) 보상청구권의 우선(제10조), 공탁(제11조), 공탁의 반환(제12조), 공탁의 반환(제13조) ·················14 12) 소멸시효(제13조2항 ··························································································································14 13) 정부의 조치(제14) ·····························································································································15 14) 원자력손해배상의회(제15조) ············································································································15 15) 보고 및 검사(16조), 관계 부처와의 협의(제17조) ·······································································15 16) 적용배제(제1조) ·································································································································15 17) 벌칙(제19조, 과태료(제20조), 양벌규정(제21조), 국회 보고(제22조) ·······································15 (2) 원자력손해상제도의 주요 개정사항 ···································································································16 1) 1974년 4월의 원배법 개정 ···············································································································16 2) 1986년 5월의 원배법 개정 ···············································································································16 3) 2001년 1월의 원배법 개정 ···············································································································16 (3) 원배법 시행령과 개정 ··························································································································17 (4) 보상계약법과 개정 ································································································································18 3. 원자력사고와 배상 및 보상 ····················································································································20 (1) 스리마일 섬(TMI)사고 ·························································································································20 1) 사고발생 ················································································································································20 2) 피해보상 ················································································································································22 (2) 체르노빌사고 ·········································································································································23 1) 사고발생 ················································································································································23 2) 피해와 보상 ··········································································································································24 (3) 토카이무라(JCO)임계사고 ····················································································································27 1) 사고발생 ················································································································································27 2) 피해보상 ················································································································································28 (4) 후쿠시마제일원전사고 ··························································································································30 1) 사고발생과 수습 현황 ·························································································································30 2) 손해배상과 원자력손해배상?폐로등 지원기구의 설립과 운용 ························································33 제3장. 해외의 원자력손해배상제도와 국제협약 ·················································43 1. 원자력보험 ················································································································································43 (1) 원자력보험의 개요 ································································································································43 (2) 원자력보험풀의 국제성 ························································································································44 (3) 책임보험 ················································································································································45 (4) 재산보험 ················································································································································46 (5) 상호보험 ················································································································································48 2. 책임보험의 사고억제기능과 문제 ··········································································································49 3. 해외의 원자력손해배상제도 ····················································································································52 (1) 미국의 Price and Anderson Act ···································································································52 1) PA법(1957년)의 개요 ·························································································································52 2) PA법의 개정 ·········································································································································54 3) 소급보험료의 증액과 보험 ··················································································································57 4) 배상기금협약 가입과 이행법 ··············································································································59 (2) 일본의 원자력손해배상제도 ·················································································································60 1) 원배법의 개요 ······································································································································60 2) 개정 ·······················································································································································62 (3) 독일의 원자력손해배상제도 ·················································································································68 1) 경제적 책임집중에서 법적 책임집중으로 ·························································································69 2) 손해배상체계와 정부의 보상 ··············································································································69 (4) 스위스의 원자력손해배상제도 ·············································································································70 1) 보험회사의 면책사유 ···························································································································71 2) 원자력손해배상기금 ·····························································································································72 3) 손해배상체계와 정부의 보상 ··············································································································72 4) 그 밖의 규정 ········································································································································73 (5) 중국의 원자력손해배상제도 ·················································································································74 1) 국무원 회답(Official Written Reply of the State Council) ··················································74 2) 그 밖의 관련법 ····································································································································76 (6) 대만 ························································································································································76 (7) 캐나다의 원자력손해배상제도 ·············································································································78 1) 정부의 보상 및 원조 ···························································································································78 2) CSC의 분담금 거출 ····························································································································79 4. 국제배상협약 ············································································································································81 (1) 파리협약과 브뤼셀보충협약 ·················································································································81 (2) 비엔나협약 ·············································································································································83 (3) 공동의정서 ·············································································································································83 (4) 개정비엔나협약 ·····································································································································84 (5) 개정파리협약과 개정브뤼셀보충협약 ··································································································85 (6) 보충기금협약과 한국의 체결 ···············································································································87 1) 기본적 구조 ··········································································································································88 2) 한국법과의 정합성 ·······························································································································89 3) 부속서 ···················································································································································94 (7) 동북아시아 원자력손해배상협약의 창설 ····························································································96 1) 국가의 전속(專屬)책임 ·························································································································97 2) 국가전속책임의 효율성 ·······················································································································99 3) 동북아시아 원자력손해배상협약의 도입 ·························································································100 제4장. 국내 손해배상제도의 실효성 대책 ························································103 1. 법제도적 개선방안 ································································································································103 (1) 원배법 목적→수정 또는 삭제 ··········································································································103 (2) 사업자의 책임한도의 변경→무한책임으로 회귀 ············································································105 (3) 보상계약법의 폐지 ·····························································································································108 (4) 배상조치액의 증액 ·····························································································································111 2. 원자력손해배상기금 설치 근거 ············································································································116 (1) 기금 설치 필요성 ·······························································································································116 (2) 기금설치의 법적 근거 ·······················································································································117 (3) 기금의 설치방식 ·································································································································118 (4) 최근 설치 기금사례 ···························································································································119 1) 국제질병퇴치기금 ······························································································································119 2) 사법서비스진흥기금 ···························································································································120 3) 원자력기금 ··········································································································································120 4) 산업기술진흥 및 사업화 촉진 기금 ································································································121 5) 소상공인시장진흥기금 ·······················································································································121 3. 원자력손해배상기금 설치방안 ··············································································································122 (1) 기금의 개요 ········································································································································122 (2) 원자력손해배상기금의 용도 ··············································································································125 (3) 기금의 지출 및 재적립 ·····················································································································125 (4) 기금의 적립방식 검토 ·······················································································································126 1) 현행기준 준용방식 ····························································································································127 2) 책임보험료 방식 ································································································································127 3) 자산, 매출액, 영업이익 등을 기준으로 산정하는 방식 ·······························································130 4) 스위스 방식 ········································································································································131 (5) 기금의 적립기간 검토 ·······················································································································133 (6) 기타 원자력 시설의 소액 배상조치액 및 분담금 결정 ·································································134 1) 기타 원자력 시설의 소액 배상조치액 ····························································································134 2) 기타 원자력 시설 분담금 납부금액 산정방식 ···············································································137 (7) 기타검토사항 ·······································································································································139 (8) 기금 관리 운용기관 검토 ··················································································································140 (9) 기금도입에 따른 이견대립 ················································································································141 제5장. 결론 ···········································································································143 [별첨자료] 「원자력손해배상법」신?구조문대비표 ···············································147
 

목 차
제1장. 서론 ···············································································································1
1. 연구의 배경과 목적 ···································································································································1
2. 연구의 방법과 범위 ···································································································································3
(1) 연구방법-제도의 법경제학적 분석 ·······································································································3
(2) 분석범위 ···················································································································································4
제2장. 원자력 손해배상제도의 현황 ····································································6
1. 원자력손해배상제도의 일반적 특징 ·······································································································6
(1) 기본원칙 ···················································································································································6
1) 무과실책임주의 ·······································································································································6
2) 배상책임의 집중 ·····································································································································8
3) 배상조치의 강제 ·····································································································································9
4) 정부의 조치 ············································································································································9
2. 현행 원자력손해배상제도의 개요 ··········································································································11
(1) 현행 원자력손해배상제도의 주요내용 ································································································11
1) 원배법의 목적(제1조) ··························································································································11
2) 원자력손해의 구체화(제2조2항) ·········································································································11
3) 무과실책임 및 책임집중(제3조) ·········································································································12
4) 배상책임 한도(제3조2항) ····················································································································12
5) 구상권(제4조) ·······································································································································13
6) 손해배상조치의무(제5조) ····················································································································13
7) 배상조치액(제6조) ································································································································13
8) 책임보험계약(제7조) ····························································································································14
9) 손해배상청구권의 우선(제8조) ···········································································································14
10) 보상계약(제9조) ·································································································································14
11) 보상청구권의 우선(제10조), 공탁(제11조), 공탁의 반환(제12조), 공탁의 반환(제13조) ·················14
12) 소멸시효(제13조2항 ··························································································································14
13) 정부의 조치(제14) ·····························································································································15
14) 원자력손해배상의회(제15조) ············································································································15
15) 보고 및 검사(16조), 관계 부처와의 협의(제17조) ·······································································15
16) 적용배제(제1조) ·································································································································15
17) 벌칙(제19조, 과태료(제20조), 양벌규정(제21조), 국회 보고(제22조) ·······································15
(2) 원자력손해상제도의 주요 개정사항 ···································································································16
1) 1974년 4월의 원배법 개정 ···············································································································16
2) 1986년 5월의 원배법 개정 ···············································································································16
3) 2001년 1월의 원배법 개정 ···············································································································16
(3) 원배법 시행령과 개정 ··························································································································17
(4) 보상계약법과 개정 ································································································································18
3. 원자력사고와 배상 및 보상 ····················································································································20
(1) 스리마일 섬(TMI)사고 ·························································································································20
1) 사고발생 ················································································································································20
2) 피해보상 ················································································································································22
(2) 체르노빌사고 ·········································································································································23
1) 사고발생 ················································································································································23
2) 피해와 보상 ··········································································································································24
(3) 토카이무라(JCO)임계사고 ····················································································································27
1) 사고발생 ················································································································································27
2) 피해보상 ················································································································································28
(4) 후쿠시마제일원전사고 ··························································································································30
1) 사고발생과 수습 현황 ·························································································································30
2) 손해배상과 원자력손해배상?폐로등 지원기구의 설립과 운용 ························································33
제3장. 해외의 원자력손해배상제도와 국제협약 ·················································43
1. 원자력보험 ················································································································································43
(1) 원자력보험의 개요 ································································································································43
(2) 원자력보험풀의 국제성 ························································································································44
(3) 책임보험 ················································································································································45
(4) 재산보험 ················································································································································46
(5) 상호보험 ················································································································································48
2. 책임보험의 사고억제기능과 문제 ··········································································································49
3. 해외의 원자력손해배상제도 ····················································································································52
(1) 미국의 Price and Anderson Act ···································································································52
1) PA법(1957년)의 개요 ·························································································································52
2) PA법의 개정 ·········································································································································54
3) 소급보험료의 증액과 보험 ··················································································································57
4) 배상기금협약 가입과 이행법 ··············································································································59
(2) 일본의 원자력손해배상제도 ·················································································································60
1) 원배법의 개요 ······································································································································60
2) 개정 ·······················································································································································62
(3) 독일의 원자력손해배상제도 ·················································································································68
1) 경제적 책임집중에서 법적 책임집중으로 ·························································································69
2) 손해배상체계와 정부의 보상 ··············································································································69
(4) 스위스의 원자력손해배상제도 ·············································································································70
1) 보험회사의 면책사유 ···························································································································71
2) 원자력손해배상기금 ·····························································································································72
3) 손해배상체계와 정부의 보상 ··············································································································72
4) 그 밖의 규정 ········································································································································73
(5) 중국의 원자력손해배상제도 ·················································································································74
1) 국무원 회답(Official Written Reply of the State Council) ··················································74
2) 그 밖의 관련법 ····································································································································76
(6) 대만 ························································································································································76
(7) 캐나다의 원자력손해배상제도 ·············································································································78
1) 정부의 보상 및 원조 ···························································································································78
2) CSC의 분담금 거출 ····························································································································79
4. 국제배상협약 ············································································································································81
(1) 파리협약과 브뤼셀보충협약 ·················································································································81
(2) 비엔나협약 ·············································································································································83
(3) 공동의정서 ·············································································································································83
(4) 개정비엔나협약 ·····································································································································84
(5) 개정파리협약과 개정브뤼셀보충협약 ··································································································85
(6) 보충기금협약과 한국의 체결 ···············································································································87
1) 기본적 구조 ··········································································································································88
2) 한국법과의 정합성 ·······························································································································89
3) 부속서 ···················································································································································94
(7) 동북아시아 원자력손해배상협약의 창설 ····························································································96
1) 국가의 전속(專屬)책임 ·························································································································97
2) 국가전속책임의 효율성 ·······················································································································99
3) 동북아시아 원자력손해배상협약의 도입 ·························································································100
제4장. 국내 손해배상제도의 실효성 대책 ························································103
1. 법제도적 개선방안 ································································································································103
(1) 원배법 목적→수정 또는 삭제 ··········································································································103
(2) 사업자의 책임한도의 변경→무한책임으로 회귀 ············································································105
(3) 보상계약법의 폐지 ·····························································································································108
(4) 배상조치액의 증액 ·····························································································································111
2. 원자력손해배상기금 설치 근거 ············································································································116
(1) 기금 설치 필요성 ·······························································································································116
(2) 기금설치의 법적 근거 ·······················································································································117
(3) 기금의 설치방식 ·································································································································118
(4) 최근 설치 기금사례 ···························································································································119
1) 국제질병퇴치기금 ······························································································································119
2) 사법서비스진흥기금 ···························································································································120
3) 원자력기금 ··········································································································································120
4) 산업기술진흥 및 사업화 촉진 기금 ································································································121
5) 소상공인시장진흥기금 ·······················································································································121
3. 원자력손해배상기금 설치방안 ··············································································································122
(1) 기금의 개요 ········································································································································122
(2) 원자력손해배상기금의 용도 ··············································································································125
(3) 기금의 지출 및 재적립 ·····················································································································125
(4) 기금의 적립방식 검토 ·······················································································································126
1) 현행기준 준용방식 ····························································································································127
2) 책임보험료 방식 ································································································································127
3) 자산, 매출액, 영업이익 등을 기준으로 산정하는 방식 ·······························································130
4) 스위스 방식 ········································································································································131
(5) 기금의 적립기간 검토 ·······················································································································133
(6) 기타 원자력 시설의 소액 배상조치액 및 분담금 결정 ·································································134
1) 기타 원자력 시설의 소액 배상조치액 ····························································································134
2) 기타 원자력 시설 분담금 납부금액 산정방식 ···············································································137
(7) 기타검토사항 ·······································································································································139
(8) 기금 관리 운용기관 검토 ··················································································································140
(9) 기금도입에 따른 이견대립 ················································································································141
제5장. 결론 ···········································································································143
[별첨자료] 「원자력손해배상법」신?구조문대비표 ···············································147
초록
요 약 문 제1장 서 론 1. 연구의 배경과 목적 □ 원전에서 발생하는 중대사고는 발생확률은 낮지만, 일단 발생하면 장기적·광역적 피해가 발생 ㅇ 이 때문에 다른 산업보다 엄중한 안전기준 및 규제를 적용하고 있으나, 그럼에도 불구하고 안전설비 및 인적결함으로 인해 중대사고가 발생 (TMI사고, 체르노빌원전사고, 후쿠시마사고 등) ㅇ 이러한 중대사고의 발생은 현행 원자력손해배상제도의 개선 필요성을 반증 □ 본 연구는 원전 중대사고 피해발생시 대응에 있어 최대한 실효성을 갖추도록 현행 원배법을 검토·수정하는데 그 목적이 있음 ㅇ 잠재적 피해자 구제를 위한 충분한 배상조치액의 사전 확보와 함께 원자력사업자의 자주적 사고방지노력을 촉구 ㅇ 원자력 안전성 향상을 통해 중대사고의 사회적 비용의 최소화 2. 연구의 방법과 범위 □ 본 연구는 법경제적 분석(Legal and economic analysis) 방법을 이용 ㅇ 행정의 안전규제만으로는 산업발전에 따른 지속적 활동변화를 감시하기 어려운 관계로, 이를 보완하는 차원에서 중대사고의 피해액을 원자력사업자에게 사전적으로 내부화 필요 ㅇ 법제도 설계의 이상적인 판단기준으로 효율성의 개념을 도입하되, 배상책임의 실현가능성, 유효성, 투명성과 장기적 관점에서의 안전성 향상을 같이 고려 □ 본 연구의 분석범위는 다음과 같음 ㅇ 원배법의 목적 재검토: ‘피해자 구제’와 ‘원자력사업의 건전한 발전에 기여’라는 이중목적의 적절성 ㅇ 사업자의 배상책임한도 검증: 무한책임으로의 복원 ㅇ 배상조치액의 타당성 검토: 현행 배상책임의 상한액(SDR3억)이 중대사고 피해를 적절히 충족시킬수 있는지 분석 ㅇ 현행 보상계약법의 존재의미 검토: 국가와 민간의 배상책임분담 제2장 원자력 손해배상제도의 현황 1. 원자력손해배상제도의 일반적 특징 □ 원자력손해배상제도는 민법(불법행위법)의 특별법이자 행정법으로 몇 가지 기본원칙을 가지고 있음 ㅇ 각국의 원배법 및 국제배상협약에 무과실책임주의, 배상책임의 집중, 배상조치의 강제, 정부의 조치 등이 동일하게 반영되어 있음 □ 원배법은 민법의 일반원칙인 과실책임주의가 아닌 무과실책임주의를 채택 ㅇ 원전 등 거대산업은 정보의 비대칭성으로 인해 사고시 가해자-피해자 관계가 대등하지 않아 피해자 보호를 위해 무과실책임주의 도입 ㅇ 이러한 무과실책임이라는 배상책임룰의 채택은 사업자의 주의수준, 활동수준, 사법비용의 측면에서 과실책임과 다른 경제적 성과를 생성 □ 원자력손해 발생시 자재공급 및 역무를 제공한 관련기업의 배상책임은 면책하고, 원자력사업자에게 모든 배상책임을 지게 함 ㅇ 책임집중원칙을 통해 배상책임자의 명확화로 피해자의 신속한 구제와 관련기업들의 보험구입에 따른 원자력책임보험 누적·중복을 방지 ㅇ 국내의 경우, 관련기업의 고의 및 중대과실로 인한 원자력손해에 대한 원자력사업자의 구상권 행사 및 특약을 인정 □ 원자력사업자는 사업개시 이전에 반드시 피해자 구제를 위한 손해배상액(배상조치액)을 확보할 의무를 가짐 ㅇ 가해자의 배상능력 부족으로 인한 피해자의 불이익을 방지하고 배상을 확실하게 하는 보호기능을 법적으로 강제 ㅇ 배상조치액의 확보장치로 현재 민간보험회사의 책임보험과 정부의 보상계약이 존재 □ 원자력손해가 원자력사업자의 사전적인 배상조치액을 초과하는 경우, 피해자 구제를 위한 적절한 보상을 위해 국가 원조가 필요 ㅇ 정부원조는 국회의결을 거쳐 원자력사업자(가해자)에게 저리융자, 보조금, 금융알선 등의 조치로 행해짐 2. 현행 원자력손해배상제도의 개요 □ 국내의 원배법은 1967년, 보상계약법은 1975년 제정 ㅇ 일본의 원배법과 보상계약법을 인용하는 형태로 도입 ㅇ 이후 국제적 상황과 민간보험 인수 능력 증가에 따라 원자력발전사업자의 배상조치액의 증액을 중심으로 몇 차례 개정을 거침 □ 현행 원배법의 주요내용은 다음과 같음 ㅇ 원배법의 목적(제1조): 피해자 구제와 원자력 사업의 건전한 발전에 기여한다는 이중목적을 규정 ㅇ 원자력손해의 구체화(제2조2항): 원자력손해에 관한 규정 ㅇ 무과실책임 및 책임집중(제3조): 원자력사업자의 배상책임, 책임집중, 면책사항에 관한 규정 ㅇ 배상책임 한도(제3조2항): 원자력사업자의 배상책임 규정으로 본래 무한책임이었으나, 2001년 개정후 유한책임(SDR3억)으로 변경 ㅇ 구상권(제4조): 제3자의 고의 또는 중대한 과실에 대한 구상권 및 제한규정 ㅇ 손해배상조치의무(제5조): 원자력사업자의 책임보험과 보상계약, 공탁 등을 통한 사전적 배상조치 확보규정 ㅇ 배상조치액(제6조): 원자력사업자의 책임보험과 보상계약, 공탁 등을 통한 사전적 배상조치 확보규정 ㅇ 책임보험계약(제7조): 책임보험계약 및 조건에 관한 원자력안전위원회의 승인 규정 ㅇ 손해배상청구권의 우선(제8조): 피해자의 우선적 청구권리와 책임보험금의 성격 규정 ㅇ 보상계약(제9조): 보상계약의 역할 및 성격 규정 ㅇ 소멸시효(제13조2항): 원자력손해배상의 청구권 행사 기간에 관한 규정 ㅇ 정부의 조치(제14조): 원자력손해의 피해액이 배상조치액을 상회하거나, 원자력사업자의 면책사유 발생시 정부의 피해자 구제 조치 규정 ㅇ 원자력손해배상심의회(제15조): 원자력손해의 배상에 관한 분쟁 조정을 위한 원자력안전위원회 심의회 설치규정 □ 1969년 처음으로 원배법이 제정된 이래 17회의 개정이 있었으며, 주로 면책조항, 원자력사업자의 배상책임한도, 배상조치액, 원자력손해의 구체화, 보상계약법의 담보사고의 변화를 골자로 개정 ㅇ 1974년 개정: 배상조치액 증액, 구상권에서의 사업자간 특약 인정, 면책사유 수정, 보상계약법 제정 등 ㅇ 1986년 개정: 원자력사업자의 배상조치액 증액 ㅇ 2001년 개정: 개정 비엔나협약 가입을 염두에 두고 원배법이 개정되었으며, 현행 제도의 기본을 이룸 □ 원배법 시행령의 경우 2014년 개정을 통해 배상조치액 책임한도(SDR3억)와 동일부지 손해배상조치 단위의 상한(6기)을 규정하고 있음 □ 보상계약법은 정부가 일종의 재보험형식으로 민간의 원자력손해를 보상하는 계약으로, 민간보험회사의 책임보험 인수능력 부족을 보완하기 위해 도입 ㅇ 최초로 이를 도입한 미국의 경우, 민간보험의 인수능력 증가와 사업자의 공동보험 도입으로 1982년 역할 종료 ㅇ 일본은 처음에는 민간의 책임보험이 자연재해에 의한 원자력손해를 담보할 수 없는 관계로 도입되었으며, 원자력보험풀의 인수금액을 보완하는 미국 등과 달리 특정 원인의 원자력손해를 담보하는 형태 ㅇ 현행 국내 보상계약법은 정상운전에 따른 원자력손해, 사고발생 10년 후의 피해자 배상청구분, 환경회복 조치비용과 환경손상으로 인한 경제적 이익 상실에 대해 담보 3. 원자력사고와 배상 및 보상 □ 1979년 발생한 미국의 스리마일 섬(TMI)사고는 상업용 가압형경수로에서 방사성물질의 외부유출이 일어난 최초의 사고 ㅇ 사고 원인에 대해서 운전원의 실수(인적 요인)와 원자로 납품회사인 B&W사의 가압기 방출밸브 고장이 지적되고 있음 ㅇ TMI사고의 경우 수소발생에 따른 연소만 있었고 수소폭발로는 이어지지 않았으나, 발전소 반경 30km 내에 주민들에 대해 피난권고 발령 ㅇ 원자력보험풀은 2003년 TMI사고피해 법적소송 종료까지 긴급피난비용(USD100만), 건강기금(USD500만), 소송비용(USD2900만), 집단소송 화해기금(USD3400만), 기타(USD100만)등 약 USD7,100만을 변제 ㅇ TMI 2호기 오염제거 등에 원자력 재산보험금을 동원한 USD9.75억 투입 □ 1986년 발생한 구소련(우크라이나)의 체르노빌 원전사고는 최초의 INES 레벨7의 사고로 북반구 대부분의 광역적 피해와 함께 수많은 사상자를 발생시킴 ㅇ 운전원의 조작미스로 원자로가 파괴되고 대량의 방사성 물질이 밖으로 노출되는 사고 발생 ㅇ 원자로의 소화 및 방사선의 차폐를 위해 콘크리트 벽과 철강제의 건물커버로 원자로 건물을 뒤덮는 석관 방식 도입 ㅇ 체르노빌 사고로 유럽 13개국 면적의 50%, 기타 8개국 면적의 30%가 오염되었고, 원전지역 반경 30km내는 여전히 주거 금지 ㅇ 서유럽 국가들은 법률적 국가책임의 추급 곤란과 집행절차의 불명확성 등의 이유로 구소련에 대한 배상청구를 유보 ㅇ 구소련 내의 피해는 약 140조-150조원 정도로 추정되나, 실제 지불된 배상금액은 2.2조-2.3조원 정도로 추산되며, 구소련 이외의 국가가 자국민을 위해 보상한 금액은 1.2조-1.4조원 정도로 알려져 있음 ㅇ 국제원자력기구 및 세계보건기구는 사고 관련 인적피해로 사고 수습작업원 80만명 가운데 50명의 사망과 9,000명의 암발생을 인정하며, 유엔과학위원회 역시 건강피해사례로 갑상선암의 발생을 인정 ㅇ 우크라이나와 벨라루스는 1991년 이 사고의 피해자를 대상으로하는 세계 최초의 원자력사고 보상법을 제정 ㅇ 본 사고로 인해 각국의 원자력손해배상제도의 설치와 국제배상협약의 개정 및 신설을 촉구하는 계기가 됨 □ 1999년 일본에서 발생한 토카이무라(JCO) 임계사고는 일본 원배법이 실제로 적용된 최초의 원자력 사고 ㅇ 공정진행상 임계방지를 위해 설계된 형상제한이 필요하나 이것이 갖춰지지 않은 침전조에 임계제한질량을 초과하는 과도한 초산우라닐 용액이 주입되면서 발생 ㅇ 작업원 2명 사망, 작업책임자 1명 중상 이외에도 피폭작업원을 옮긴 소방대원, 정지작업에 투입된 작업원 14명, 공장주변 주민 667명이 피폭되었고, 반경 10km이내의 주민의 피난 및 옥내 대피 실시 ㅇ 원배법에 의해 설치된 원자력손해배상분쟁심사회의 중재 2건, 소송에 이른 것이 11건을 제외한 대부분의 보상청구는 이바라기현 등 지자체의 중재를 통해 합의방식으로 해결 ㅇ 보상 신청(최종) 6,983건에 JPY154억의 보상금이 지불 ㅇ 원자력손해의 범위 결정을 위해 피난지역과 정보획득에 소요된 시간 등이 고려되고, ‘소문피해’에 대한 논의를 최초로 다룬 사고 * 소문피해란 간접피해 및 영업피해에 포함될 수 있으나, 제품의 물리적 훼손 및 방사능 오염이 없음에도 거래거부 등으로 발생하는 경제적 피해 ㅇ JCO는 연료가공공장으로 배상조치액은 JPY10억이었으며, 이를 초과하는 나머지 추가 보상금 JPY144억은 모회사인 수미토모 금속광산이 사회적 책임을 다한다는 취지로 부담 ㅇ 원배법상 모회사에 배상능력이 없었다면 국가의 조치가 적용되는지 여부 등의 의문이 제기됨 ㅇ 사고 이후 원자력방재제도를 변경하여 원자력재해대책특별조치법 제정, 방재지침에 원전 이외의 원자력 관련시설 추가, 지자체 사무에 피난계획의 수립을 규정 □ 2011년 일본에서 발생한 후쿠시마제일원전사고는 지진과 쓰나미로 인해 원자로 3기의 파손 및 수소폭발이 일어나면서 발생한 사고로 체르노빌 원전사고 이래 두 번째로 INES 레벨7의 사고 ㅇ 지진으로 외부전원이 절단된 상태에서 쓰나미로 인해 부지내 비상전원 역시 침수되면서 원자로의 냉각기능이 상실된 것이 사고원인 ㅇ 주민 약 15만명이 피난하는 사태를 가져왔으나, 피난과정에서 피난계획의 미비로 인적 피해가 증가 ㅇ 발생 후 7년이 지났지만, 근본적인 사고수습의 진전이 없으며, 방사성 물질로 인한 대기 및 해양오염도 지속되고 있는 상황 ㅇ 2018년 현재에도 후쿠시마현 12개 시정촌 중 6개 시정촌에는 피난지시가 해제되지 않은 지역이 있으며, 피난지시가 해제된 지역도 주민귀환율이 20% 이하로 향후 지자체의 지속가능성이 우려됨 ㅇ 사고이후 일본정부는 사고원인을 책임보험의 면책사유인 지진 및 쓰나미로 판단하여 보상계약에 의해 제1원전과 제2원전의 계 JPY1,889억(보상계약금)을 도쿄전력에 지급하고, 원배법 제16조에 따라 피해자 구제를 위해 도쿄전력을 지원 ㅇ 정부는 배상지원기구에 교부국채를 교부한 후, 이 금액 내에서 도쿄전력의 요청에 따라 지원기구가 정부에 교부국채의 상환을 요구하여, 도쿄전력의 배상비용을 지원하는 구조로 지원하며, 원자력사업자들은 일반부담금, 도쿄전력은 별도의 특별부담금을 납부해 배상지원기구를 통해 지원금을 정부에 상환 ㅇ 2012년 정권교체를 통해 들어선 자민당 정부는 후쿠시마재생 가속화방침을 결정 ㅇ 사후처리비용이 지속적으로 증가함에 따라, 일본정부는 교부국채의 상한을 늘리고 제염물 중간저장시설 건설운영비를 정부가 부담하는 형태로 공적자금 투입이 증대 ㅇ 원배법 제18조에 따라 당사자들의 분쟁해결을 위해 분쟁심사회와 원자력손해배상 분쟁해결센터 설치 ㅇ 주민 등 피해자의 소송에서 승소사례가 늘어남에 따라 배상금액의 증대가 확실시되고 있음 ㅇ 2013년 일본정부는 청구권의 소멸시효특례법을 도입하여 피해자의 청구권 행사에 지장이 없도록 조치 제3장 해외의 원자력손해배상제도와 국제협약 1. 원자력보험 □ 원자력보험은 일반보험과 달리 원자력 보험풀의 형태로 운영되며, 그 종류에는 책임보험과 재산보험이 있음 ㅇ 원전수가 적어 보험의 기본원칙인 대수의 법칙이 적용되지 않음 ㅇ 배상부담 리스크의 분산과 인수능력 확대를 위해 개개의 보험회사가 보험을 인수하지 않고 다수의 보험회사가 공동으로 원자력 보험을 인수하는 풀 체제로 운영 ㅇ 국내보험회사만으로 인수능력이 부족하므로, 국제적 재보험망을 통해 국내 보험사의 순보유한도액이 넘는 부분은 해외 원자력보험풀에 재보험으로 출재 □ 책임보험은 원자력시설내의 사고로 발생한 인적·물적 손해에 적용되는 보험 ㅇ 책임보험의 특징은 총보전한도액이 존재한다는 것으로, 이는 사고 1건 당 피해가 장기적이고, 막대하거나 복수사고 발생시 원인이 되는 사고의 특정이 곤란하여 도입 * 원배법에 따른 현행 책임보험의 총보전한도액은 SDR3억 ㅇ 보상계약의 담보리스크 및 사업자의 면책사유를 제외한 배상책임을 담보하며, 원자력손해와 일반손해가 같이 발생할 경우를 대비하여 일반손해도 담보대상에 포함 단, 2010년이후 한수원은 일반손해를 체결하고 있지 않음. □ 재산보험은 일반사고와 원자력 사고로 인한 원자력시설에 발생한 손해를 담보하는 물적보험 ㅇ 보상한도액 내에서 기계사고에 대한 보험금과 기타사고에 대한 보험금으로 구성 ㅇ 형식상 재산보험의 가입은 임의이지만, 핵연료수입시 반환에 관한 배상책임의 부보를 요구받는 만큼 강제가입의 측면이 있음 현재 원자력환경공단만이 미가입 □ 상호보험은 보험가입자들이 서로 출자하여 단체(보험회사)를 구성하고, 회사가 이들을 위한 보험을 인수하는 형태 ㅇ 원자력분야의 상호보험으로는 1973년 미국 14개 원자력사업자가 상호보험시스템으로 설립한 원자력상호보험회사(NEIL) 등이 있음 ㅇ 각각은 책임보험에 대해 재산보험을 원자력사업자에 제공하기 위한 목적이나, 구성원의 보험료삭감, 원자력사업자의 리스크 인수능력 보완의 목적으로 설립 2. 책임보험의 사고억제기능과 문제 □ 손해배상제도의 목표 중 하나인 사고억제기능은 사회적비용의 내부화로 사고에 대한 가해자의 주의의무를 높이는 경제적 억제를 의미 □ 원자력보험은 정부개입에 따른 강제가입이 불가피 ㅇ 보험회사는 리스크를 내부화 한 적정 보험료의 산정으로 사고억제 즉 경제적 억제에 기여 ㅇ 이 과정에서 정보의 비대칭, 리스크 분석의 어려움, 대수의 법칙 불적용 같은 한계가 존재하여, 결과적으로 정부의 개입에 따른 강제가입이 필요 □ 피보험자의 도덕적 해이 문제가 존재 ㅇ 리스크가 내부화되지 않은 낮은 수준의 보험료로 보험금액까지 배상책임 회피 가능 ㅇ 이에 대한 대책으로 손실보다 적은 담보의 제공과 사고회피활동에 대한 관찰이 거론 3. 해외의 원자력손해배상제도 □ 미국: Price and Anderson Act(PA법) ㅇ 원자력법에 따라 원자력의 상업화가 추진되었지만, 원자력사고에 관한 손해배상책임의 특별법 제정이 불가피하여 원자력법을 수정하는 형식으로 성립되어, 1957년 도입이래 네 번의 개정을 거침 ㅇ PA법은 외부비용의 내부화를 통해 원자력사업자의 배상책임을 강화하여 자주적인 사고억제 노력을 촉구하는 방향으로 발전 ㅇ 미국정부는 조부조항을 이용하여 PA법의 대폭 수정없이 1997년에 보충기금협약(이하 CSC)에 서명하고 2008년에 상원 비준을 받음 □ 일본의 원자력 손해배상제도 ㅇ 일본은 1959년 원자로등규제법에 원자력사업자의 손해배상조치를 추가하는 한편, 1960년 원자력보험풀 설립, 1961년 원배법 및 보상계약법을 제정 ㅇ 도입당시부터 원자력사업자의 무한책임을 도입하였으며, 이외에도 국제적인 원칙에 맞춰 무과실책임주의, 배상책임의 집중, 배상책임의 강제, 원자력사업자의 배상조치액 초과 및 면책사유에 대해 정부의 조치를 규정 ㅇ 원배법은 10년의 한시법으로 외국 원자력선의 기항 요청, TMI, 체르노빌 및 후쿠시마원전사고, CSC 체결 등 국내외의 상황을 반영하는 정기적인 개정을 실시하면서, 배상조치액을 점진적으로 증대(최근 2배증이 많음) □ 독일의 원자력 손해배상제도 ㅇ 독일은 1959년 미국 PA법을 인용하여 원자력법에 손해배상제도 도입 ㅇ 최초에는 경제적 책임집중, 무과실책임주의, 유한책임을 채택하였으나, 이후 개정을 거쳐 법적 책임집중과 무한책임을 채택하고, 배상조치액 증액, 국제협약 가입 준비 ㅇ 배상조치액은 책임보험과 전략사업자의 상호부조로 조성한 금액으로 구성 □ 스위스의 원자력 손해배상제도 ㅇ 스위스는 1959년 원자력법 내에 손해배상제도를 규정하고 있었으나, 1983년 원배법을 개별법으로 분리 ㅇ 최초에는 유한책임을 채택하였으나, 개별법으로 분리되는 과정에서 무한책임으로 변경하였고, 독일과 마찬가지로 국제협약 가입 준비를 위한 개정 실행 ㅇ 원자력사업자의 법적책임에 대해 명확한 규정은 없으나 개정파리협약에 따라 무과실책임 및 책임집중이 적용 ㅇ 원자력사업자의 면책은 인정하지 않으나, 연방각의가 규정한 바에 따라 특정 리스크에 대해 보험회사의 인수 거부는 가능 ㅇ 원자력손해배상기금은 원자력사업자 및 수송면허소유자가 사후에 지불하는 소급분담금과 이자수익을 재원 ㅇ 배상조치액은 1단계 책임보험, 2단계 손해배상기금, 3단계 브뤼셀보충협약 공동기금, 4단계에서 다시 손해배상기금을 사용하고, 이를 초과할시 사업자 보유자산과 정부원조로 부담 □ 중국의 원자력 손해배상제도 ㅇ 중국은 원자력손해배상제도를 규정한 개별법 없이 다른 법에 의해 다양하게 규제 ㅇ 중국은 1986년 국무원 회답에서 공공의 보호와 원자력산업의 발전이라는 이중목적, 엄격책임주의, 사업자의 책임집중원칙, 유한책임, 책임기간의 제한을 반영하고, 사업자의 면책사유를 규정 ㅇ 2007년 국무원 회답에서는 사업자의 책임한도액 및 정부의 자금보증을 증액하고, 심대한 원자력사고에서 국무원 의결을 통한 추가 재정보조를 가능하게 함 ㅇ 2008년 권리침해책임법 제70조에 원자력손해책임을 규정 □ 대만의 원자력 손해배상제도 ㅇ 대만은 1971년 (구)비엔나협약을 참고하여 원자력손해배상법을 제정하였으며, 무과실책임, 사업자의 책임집중원칙, 유한책임, 사업자의 면책사유, 정부의 조치 상황을 규정 ㅇ 1997년 개정을 통해 책임한도액의 대폭 증액, 원자력사업자의 보상조치 확보에 대한 정부의 심사가 승인으로 강화, 분쟁위원회의 의무와 권한 명시, 인적피해의 우선적 보상, 외국인 피해자에 대한 상호주의 규정 □ 캐나다의 원자력 손해배상제도 ㅇ 캐나다는 1970년 원자력책임법을 제정한 이래 이를 토대로 원자력손해배상제도를 유지하다가, 2013년 CSC 서명 이후 비준을 위한 정합성을 갖추는 과정에서 새로운 법률(Nuclear Liability and Compensation Act)이 제정됨으로써 원자력책임법을 대체 ㅇ 국내사고는 CSC 보충기금을 원자력배상책임계정에 입금해 사용하고, 해외사고의 경우 분담금을 동일 계정에서 지급하되, 부족분은 정부가 지불하고 공식에 따라 회수 4. 국제배상협약 □ 1950년대 후반부터 유럽을 중심으로 원자력손해의 특수성을 반영한 손해배상제도의 보편적 기준과 운영원칙을 규정한 국제배상협약의 도입이 시도 ㅇ 원자력손해는 범위(월경피해) 및 성질(장기적 피해)에서 일반 산업손해와 다른 특수성이 존재 ㅇ 원자력손해의 배상기준을 국제적으로 통일시켜, 국적 및 주소의 차별없이 피해자에 대한 공평하고 신속한 배상을 보장 ㅇ 여전히 일부의 원자력시설만 국제배상협약에 가입하여, 현행 협약들이 세계적으로 보편성을 가지고 있다고 할 수는 없음 □ 1960년 채택된 파리협약은 세계 최초의 국제배상협약으로 이후 협약들의 선구적인 역할을 했고, 1963년 채택된 브뤼셀보충협약은 공동기금 방식을 최초로 도입 ㅇ 파리협약에서는 용어의 정리 및 국제적 공통원칙을 도입 ㅇ 브뤼셀보충협약은 파리협약의 배상금액을 보완하기 위해 도입 □ 1963년 채택된 비엔나협약은 파리협약과 기본적 원리원칙은 같으나 지리적으로 범세계적인 폭넓은 체결을 촉구 ㅇ 책임한도액의 최저금액을 파리협약보다 낮게 책정하고, 단일의 재판관할권 및 준거법, 시효, 원자력손해의 정의 규정 ㅇ 파리협약과 마찬가지로 낮은 책임한도액으로 인한 피해자 구제 및 사고억제노력을 촉구하는 경제적 인센티브의 역할을 다하지 못함 □ 1988년 파리협약과 비엔나협약의 연계로 피해자 구제조치의 지리적 범위 확대를 꾀하는 공동의정서 체결 ㅇ 1986년 체르노빌 원전사고 이후 파리협약과 비엔나협약을 연계시키려는 활동이 많아짐 ㅇ IAEA가 중심이되어 손해배상조치액 증액, 협약가맹국의 확대 필요성 등에 관한 검토를 진행하여 두 협약의 연계를 꾀한 공동의정서가 채택 □ 1997년 채택된 개정 비엔나협약은 (구)비엔나협약의 실효성 부족과 국제적 보편성에 미흡한 부분을 수정하여 국가책임의 관점을 도입한 국제체제의 구축을 시도 ㅇ (구)비엔나협약은 사업자 최저 책임한도액이 과도하게 낮게 설정되어 있어 실효성이 부족하고, 무한책임제 국가의 손해배상조치에 대한 배려규정이 없는 등의 문제점이 존재 ㅇ 원자력손해의 구체적 정의, 면책사유, 최저책임한도액의 증액 및 지불보증, 무한책임제의 국가에 대한 배려, 면책사유 조정, 제척기간 연장, 지리적 적용범위 확대, 인적피해에 대한 우선적 배상 등을 도입 □ 2004년 채택된 개정 파리협약과 개정 브뤼셀보충협약은 피해자 구제의 확충을 도모 ㅇ 개정 파리협약에서는 기존과 비교하여 원자력사업자의 최저책임한도액 대폭 증액, 원자력손해의 정의 확대, 면책사유 조정, 제척기간 연장 등이 개정 ㅇ 개정 브뤼셀보충협약에서는 각 보상단계의 최저책임한도액이 증액 □ 미국 주도하에 1997년 채택된 보충기금협약(CSC)은 가맹국의 배상조치액으로 보전할 수 없는 부분에 대해 가맹국의 분담금 거출을 통해 지원하는 조약 ㅇ 국제적인 보충기금으로 피해국의 손해를 보완하고, 세계적인 배상책임제도를 구축하는데 목적 ㅇ 국제보충기금 적립을 위해 각 가맹국이 설비용량과 유엔분담비율을 기준으로 분담금을 거출 ㅇ 한국은 2002년 원배법 개정으로 CSC의 기본조건은 거의 갖추었으며, 부분적인 국내법의 수정으로 CSC 부속서에 근거한 가입이 가능 □ 동북아시아(한국, 일본, 중국, 대만)는 세계 원전의 1/3이 밀집해있어 원자력 사고시 월경피해의 발생확률이 높으나, 국제협약에 가입한 국가가 일본을 제외하고는 없으므로 지역적인 원자력손해 배상책임협약의 도입이 필요 ㅇ 지역적으로 각국의 경제력 격차가 현저한 실정을 고려할 필요가 있음 ㅇ 향후, 북한이 원전도입을 시도할 경우를 고려하여, 한국은 지역배상협약 창설에 적극적인 자세를 보일 필요가 있음 제4장 국내 손해배상제도의 실효성 대책 -손해배상기금의 도입을 중심으로- □ 국내 원전은 해외에 비해 주변지역의 인구밀도 및 산업집적도가 더 높아 사고발생시 해외보다 높은 피해발생이 예상되나 현행 원자력손해배상제도는 이를 충분히 반영하지 못함 ㅇ 실제 중대사고 발생 피해액보다 낮은 배상조치액, 원자력사업자와 국가의 배상책임구분이 불분명한 점 등이 문제점으로 지적 ㅇ 신속하고 충분한 피해자 구제와 원자력사업의 안전성 향상에도 기여할 수 있도록 배상제도의 개정작업이 불가피 ㅇ 기본적 개정과제로는 원배법 목적의 수정, 사업자의 무한책임 도입, 보상계약법 폐지, 보상조치액 증액, 원자력손해배상기금 신설이 있음 1. 법제도적 개선방안 □ 원배법의 목적 수정 ㅇ 현행 원배법의 목적은 피해자 보호 및 원자력산업의 건전한 발전에 기여라는 이중목적을 지님 ㅇ 유럽국가의 원배법 및 국제배상협약은 피해자 보호를 우선시 ㅇ 따라서 원자력산업의 건전한 발전에 기여 목적을 삭제하거나, 원자력의 안전한 이용에 기여 등과 같이 개정할 필요가 있음 □ 사업자의 책임한도 변경 ㅇ 현행 원배법은 2001년 개정을 통해 사업자의 배상책임한도를 무한책임에서 유한책임(SDR3억)으로 변경 ㅇ 개정비엔나협약에서도 국내법으로 사업자의 무한책임을 설정할 수 있음 ㅇ 사업자의 유한책임은 중대사고 발생시 국민부담을 가중시키고, 사업자에게는 도덕적 해이를 조장하는 문제점이 존재 ㅇ 사업자의 배상책임이 유한으로 한정될 경우 국가원조가 없으면 피해자의 배상청구권이 제한되므로 발생하는 법적 문제가 존재 ㅇ 피해자 보호 및 사업자의 자주적 안전성 향상을 촉구하기 위해 사업자의 무한책임제로의 회귀가 필요 □ 보상계약법 폐지 ㅇ 한국과 일본에서만 개별법을 통해 보상계약법이 존재 ㅇ 현행 보상계약법은 원자력사업자 보호의 성격이 있음 ㅇ 원자력산업의 발전과 자산증대를 고려하면, 현행 보상계약법을 폐지하고, 손해의 배상책임을 사업자들에게 맡기는 체제로 정비할 필요가 있음 □ 배상조치액의 증액 ㅇ 현행 사업자 배상조치액 SDR3억은 피해자에게 적절한 배상을 하기에 미흡하여 실효성이 부족 ㅇ 타국의 배상조치액, 사업자의 자산확대, 책임보험의 인수능력 증가를 고려하면 국내 배상조치액 증액이 가능 ㅇ 특례적 소액배상조치액에 있어서도 CSC가입등에 대비하여 증액검토 필요 ㅇ 다만, 배상조치액의 증액, 배상조치액의 구분 통합, 대학 및 연구소와 폐로작업에 착수한 원전의 특례조치 도입 등 배상조치액에 대한 정책적 배려 필요 2. 원자력손해배상기금 설치 근거 □ 배상조치액의 증액만으로는 피해액을 적절하게 보상하기 어려우므로, 별도의 원자력손해배상기금을 신설하는 것이 정책적 차원에서 바람직 ㅇ 국내원전 주변지역은 일본의 주변지역보다 도시화되어 있고 산업집적도 및 인구밀도도 높으며, 국민부담의 최소화와 사업자의 예견가능성을 고려할 때 민간원자력보험의 인수능력을 기준으로 하는 배상조치액 증액만으로 중대사고에서의 피해자 구제를 실현한다는 것은 무리가 있음 ㅇ 따라서, 별도의 원자력손해배상기금(가칭)의 신설이 필요 □ 기금설치는 법적으로 국가재정법에 근거하며, 신설 요건 등을 고려할 때 신규설치 논거가 분명함 ㅇ 국가재정법 제5조에는 기금은 국가가 특정한 목적을 위하여 특정한 자금을 신축적으로 운용할 필요가 있을 때에 한해 법률로써 설치 명시 ㅇ 원자력손해배상기금은 국가재정법 제14조 2항에서 제시한 기금신설의 요건에 모두 충족 □ 기금의 입법방식은 해당 정책에 관련된 법률(원배법) 내에 기금에 관한 규정을 두는 종속방식의 채택이 타당 ㅇ 절차상의 복잡성과 시간소요를 회피하는 장점이 있음 □ 최근 3년간 설치된 기금(신규 계정 포함)은 총 5개 기금이 있으며, 대부분 종속방식의 입법방식을 채택 ㅇ 최근 3년간 국제질병퇴치기금, 사법서비스진흥기금, 원자력기금 (원자력안전규제개정), 산업기술진흥 및 사업화 촉진기금, 소상공인시장진흥기금이 신설 3. 원자력손해배상기금 설치방안 □ 본 연구에서는 원자력손해배상기금은 12억SDR의 규모로 현행 정부가 보상계약에서 담보하는 담보범위를 포함하는 기금 설치방안 제시 ㅇ 가장 이상적인 방안은 사업자가 기금을 특정기간 내에 증액된 규모로 적립하는 것이나, 이는 사업자 부담이 과중되어 비현실적 ㅇ 따라서 손해배상기금을 각각 SDR 6억을 상한의 일반기금과 특별기금 2단계로 구성 제안 ㅇ 제1단계 일반기금은 보상계약법 폐지에 따른 원자력손해를 담보하고, 사업자는 분담금으로 매년 현행 보상계약방식에 준하여 적립 ㅇ 제2단계 특별기금은 지정된 기간 내에 SDR6억을 적립하여, 책임보험금(배상조치액) 및 일반기금(배상조치액)의 초과분 보완 □ 원자력손해배상기금의 용도는 다음과 같음 ㅇ 일반기금은 현행 보상계약에서 담보하는 정상운전에 기인한 원자력손해, 사고발생 10년 후의 배상청구, 환경회복 조치비용과 환경손상으로 인한 경제적 이익 상실을 담당 ㅇ 특별기금은 책임보험금(배상조치액) 및 일반기금(배상조치액)을 초과하는 피해액을 보전, 향후 CSC 체결 시 SDR3억과 특례적인 소액 배상조치액의 차액분에 대한 재정적 조치의 설명수단으로 이용, CSC 보충기금의 분담금 거출 등의 용도로 사용 □ 사고발생시 기금은 먼저 제1단계(일반기금) 적립금을 사용하고, 제2단계(특별기금) 적립금을 사용을 원칙으로 함 ㅇ 1,2단계의 기금 적립 이전에 사고가 발생하여 적립금이 부족할 경우, 정부가 부족분을 지원 ㅇ 이 경우 특별기금 해당분은 사업자의 전액 변제를 전제로 지원 ㅇ 사용 이후 고갈된 기금에 대해서는 상기한 각각의 적립방식으로 재적립하는 것을 원칙으로 함 ㅇ 한편, 사업중지가 법률로 확정되는 경우 특별기금은 사업자의 반환청구에 따라 기금관리에 필요한 사무처리비용을 제외한 금액을 반환하는 형태로 설계하여 사업자의 실질적인 납부부담을 경감시킬 방안 마련 필요 ㅇ 그러나 일반기금은 헌행 보상계약을 대체하는 성격으로 적립액 부족시 정부가 지원하는 방식이므로 동 금액은 반환하지 않는 것을 원칙으로 할 필요가 있음 □ 일반기금과 특별기금의 적립방식은 타기금 및 해외사례를 고려할 때 다음과 같은 방식 검토 가능 ㅇ 현행기준 준용 방식은 1단계 일반기금은 현행 보상계약에 준용하고, 2단계 특별기금은 정책적으로 결정된 일정기간에 걸쳐 적립하는 것으로 기금설치의 목적 달성 및 사업자 납부능력을 동시에 반영하는 장점 ㅇ 책임보험료 방식은 1단계 일반기금과 2단계 특별기금을 현행 책임보험료 납부방식을 준용하여 적립하는 것이나 보험료 계산에 필요한 상세 내역이 비공개되고 있다는 단점 ㅇ 자산, 매출액, 영업이익 등을 기준으로 산정하는 방식은 연간 총적립금액을 확정하고 이를 기금 납부기관의 자산, 매출액, 영업이익 등 비율을 반영하여 기관별로 적립액을 부여하는 방식이나, 원자력사업자의 부담비율 및 금액이 매년 변동되며, 사고확률이 분담금 산정에 반영되지 않는 단점이 존재 ㅇ 스위스 방식은 스위스 납부산식을 적용하는 방식이나 분담금 계산에 필요한 확률변수가 비공개되고 있고, 아직 스위스에서도 관련법 미비로 실제 적용하지 않는 단점 ㅇ 상기한 네 가지 대안 중 기금 도입의 취지를 살리면서 원자력사업자의 납부능력을 고려한 현행기준 준용방식을 기준으로 분담금을 설정하는 것이 가장 현실적 □ 현행기준 준용방식의 채택시 특별기금의 적립기간에 대한 검토 필요 ㅇ 미국소급보험료 개정주기와 캐나다, 독일 원배법 개정주기를 적용하는 5년 방식은 연간 약 1,890억원을 적립할 수 있으며, 민간보험시장의 사고확률변경 등이 반영되는 개정주기 및 주요국의 환경변화 등이 반영되는 개정주기 활용하는 장점 ㅇ 미국, 일본의 원배법 개정 주기인 10년을 적용하는 방식은 연간 약 945억원을 적립할 수 있으며, 주요국의 환경변화 등이 반영되는 개정주기 활용한다는 장점 ㅇ 그러나 사업자의 납부능력과 정책결정을 위한 다양한 변수 반영을 고려하여 20년 등과 같이 정책적으로 결정하는 방법이 있으며, 이 경우 연간 약 (9,450/N년)억원을 적립가능 □ 한국수력원자력뿐 아니라 기타시설의 분담금 납부금액 산정을 위한 소액배상조치액 검토 역시 필요 ㅇ 국내 연구기관으로는 원자력연구원, 경희대학교가 있고, 관련 공공기관으로는 원전연료, 원자력환경공단이 존재 ㅇ 소액 배상조치액을 결정하는 방법에는 크게 해외사례를 반영하는 방법과 CSC가입에 대비하여 최소한의 수준으로 결정하는 방법이 있음 ㅇ 해외사례를 반영(1안)하는 경우 배상조치액의 논거가 해외사례를 통해 분명해지나, 국내실정상 사업자 납부능력이 고려되지 않고 정해지는 단점이 존재 ㅇ CSC가입 최소수준에 맞춤(2안)은 SDR500만을 일괄적으로 최저 보상조치액으로 결정하는 방식 ㅇ 배상조치액이 결정되면, 각 시설은 이를 토대로 원자력사업자와 동일하게 제1단계 일반기금과 제2단계 특별기금으로 나누어 적립 ㅇ 현행기준 준용방식과 동일하게 일반기금 해당분은 보상료 방식을 준용하고, 특별기금 해당분은 정해진 적립기간에 맞춰 분할 납부 ㅇ 다만, 경희대학교와 같은 교육기관의 경우 전문인력양성이라는 목적 달성을 위해 납부금액을 현행 수준에서 유지하는 방안 마련 필요 □ 기금 관리 운용기관 검토 ㅇ 기금이 신설되는 경우 원안위에 복수의 기금이 설치가 되므로 이를 관리하기 위한 기관을 별도로 지정할 것인지 또는 현행 원자력기금을 관리하는 기관에 통합 관리할 것인지 검토 필요 ㅇ 단일부처의 복수기금은 단일기관에서 관리하는 타기금 사례에 따라 단일기관에서 통합 관리하는 방안 효과적 □ 기금도입에 따른 이견대립 ㅇ 정부에서 일반회계로 민간 원자력사업자의 부족분을 충당하는 방식에 대한 반론이 존재할 수 있으나, 이는 특별기금의 전액 적립 전의 일시적인 현상이며, 기금이 적립된 이후에는 되려 정부의 지원분은 감소 제5장 결론 □ 국내 원자력 손해배상제도의 개정과제의 중심사항으로 손해배상기금 신설을 검토 ㅇ 현행 손해배상제도는 책임보험인수능력보다 낮은 배상조치액, 사업자 유한책임, 보상계약법과의 상충 문제, 원배법의 목적에 사업자 보호 명기 등의 개선사항이 파악 ㅇ 규제 등 행정적 개입을 최소화하고, 사업자의 자주적 안전성 향상노력을 촉구하는 인센티브를 가진 제도 설계가 필요 ㅇ 따라서, 사업자의 배상조치액을 보험풀의 인수능력까지 증액하고, 이를 보완하는 조치를 확보할 수 있도록 손해배상기금을 도입 필요 □ 일각에서는 배상조치액 증가, 배상기금 신설로 인한 전기요금 인상 및 사업자 예견가능성 저하에 대한 우려가 존재하나, 소비자의 안전이 무료로 제공되는 것이 아님을 인식할 필요가 있음 ㅇ 그간 정부의 간접적 지원방식으로 인해 과소평가되었던 사회적 비용의 반영이며, 피해자 구제를 위한 비용의 평준화 방식이 채택된 것 □ 원자력산업의 지속성 필요성을 고려할 때, 사업자가 사고배상책임을 사전에 대비하는 체계 구축을 통해 국민의 심리적 안정감과 이에 필요한 실질적 재원을 확보함으로써 기업활동의 지속성을 도모하는 것이 중요 □ 현행 원배법의 실효성 및 투명성 향상을 위한 추후 연구사항은 다음과 같이 제시 ㅇ CSC 등 국제배상협약 체결을 염두에 둔 국내법의 부분적 개정 ㅇ 현재 사회적 조건과 부적합한 상태에 있는 민법 등 현행법 규정에 대한 개정
 

요 약 문
제1장 서 론
1. 연구의 배경과 목적
□ 원전에서 발생하는 중대사고는 발생확률은 낮지만, 일단 발생하면 장기적·광역적
피해가 발생
ㅇ 이 때문에 다른 산업보다 엄중한 안전기준 및 규제를 적용하고 있으나, 그럼에도
불구하고 안전설비 및 인적결함으로 인해 중대사고가 발생 (TMI사고,
체르노빌원전사고, 후쿠시마사고 등)
ㅇ 이러한 중대사고의 발생은 현행 원자력손해배상제도의 개선 필요성을 반증
□ 본 연구는 원전 중대사고 피해발생시 대응에 있어 최대한 실효성을 갖추도록 현행
원배법을 검토·수정하는데 그 목적이 있음
ㅇ 잠재적 피해자 구제를 위한 충분한 배상조치액의 사전 확보와 함께
원자력사업자의 자주적 사고방지노력을 촉구
ㅇ 원자력 안전성 향상을 통해 중대사고의 사회적 비용의 최소화
2. 연구의 방법과 범위
□ 본 연구는 법경제적 분석(Legal and economic analysis) 방법을 이용
ㅇ 행정의 안전규제만으로는 산업발전에 따른 지속적 활동변화를 감시하기 어려운
관계로, 이를 보완하는 차원에서 중대사고의 피해액을 원자력사업자에게
사전적으로 내부화 필요
ㅇ 법제도 설계의 이상적인 판단기준으로 효율성의 개념을 도입하되, 배상책임의
실현가능성, 유효성, 투명성과 장기적 관점에서의 안전성 향상을 같이 고려
□ 본 연구의 분석범위는 다음과 같음
ㅇ 원배법의 목적 재검토: ‘피해자 구제’와 ‘원자력사업의 건전한 발전에 기여’라는
이중목적의 적절성
ㅇ 사업자의 배상책임한도 검증: 무한책임으로의 복원
ㅇ 배상조치액의 타당성 검토: 현행 배상책임의 상한액(SDR3억)이 중대사고 피해를
적절히 충족시킬수 있는지 분석
ㅇ 현행 보상계약법의 존재의미 검토: 국가와 민간의 배상책임분담
제2장 원자력 손해배상제도의 현황
1. 원자력손해배상제도의 일반적 특징
□ 원자력손해배상제도는 민법(불법행위법)의 특별법이자 행정법으로 몇 가지
기본원칙을 가지고 있음
ㅇ 각국의 원배법 및 국제배상협약에 무과실책임주의, 배상책임의 집중, 배상조치의
강제, 정부의 조치 등이 동일하게 반영되어 있음
□ 원배법은 민법의 일반원칙인 과실책임주의가 아닌 무과실책임주의를 채택
ㅇ 원전 등 거대산업은 정보의 비대칭성으로 인해 사고시 가해자-피해자 관계가
대등하지 않아 피해자 보호를 위해 무과실책임주의 도입
ㅇ 이러한 무과실책임이라는 배상책임룰의 채택은 사업자의 주의수준, 활동수준,
사법비용의 측면에서 과실책임과 다른 경제적 성과를 생성
□ 원자력손해 발생시 자재공급 및 역무를 제공한 관련기업의 배상책임은 면책하고,
원자력사업자에게 모든 배상책임을 지게 함
ㅇ 책임집중원칙을 통해 배상책임자의 명확화로 피해자의 신속한 구제와
관련기업들의 보험구입에 따른 원자력책임보험 누적·중복을 방지
ㅇ 국내의 경우, 관련기업의 고의 및 중대과실로 인한 원자력손해에 대한
원자력사업자의 구상권 행사 및 특약을 인정
□ 원자력사업자는 사업개시 이전에 반드시 피해자 구제를 위한
손해배상액(배상조치액)을 확보할 의무를 가짐
ㅇ 가해자의 배상능력 부족으로 인한 피해자의 불이익을 방지하고 배상을 확실하게
하는 보호기능을 법적으로 강제
ㅇ 배상조치액의 확보장치로 현재 민간보험회사의 책임보험과 정부의 보상계약이
존재
□ 원자력손해가 원자력사업자의 사전적인 배상조치액을 초과하는 경우, 피해자 구제를
위한 적절한 보상을 위해 국가 원조가 필요
ㅇ 정부원조는 국회의결을 거쳐 원자력사업자(가해자)에게 저리융자, 보조금,
금융알선 등의 조치로 행해짐
2. 현행 원자력손해배상제도의 개요
□ 국내의 원배법은 1967년, 보상계약법은 1975년 제정
ㅇ 일본의 원배법과 보상계약법을 인용하는 형태로 도입
ㅇ 이후 국제적 상황과 민간보험 인수 능력 증가에 따라 원자력발전사업자의
배상조치액의 증액을 중심으로 몇 차례 개정을 거침
□ 현행 원배법의 주요내용은 다음과 같음
ㅇ 원배법의 목적(제1조): 피해자 구제와 원자력 사업의 건전한 발전에 기여한다는
이중목적을 규정
ㅇ 원자력손해의 구체화(제2조2항): 원자력손해에 관한 규정
ㅇ 무과실책임 및 책임집중(제3조): 원자력사업자의 배상책임, 책임집중, 면책사항에
관한 규정
ㅇ 배상책임 한도(제3조2항): 원자력사업자의 배상책임 규정으로 본래
무한책임이었으나, 2001년 개정후 유한책임(SDR3억)으로 변경
ㅇ 구상권(제4조): 제3자의 고의 또는 중대한 과실에 대한 구상권 및 제한규정
ㅇ 손해배상조치의무(제5조): 원자력사업자의 책임보험과 보상계약, 공탁 등을 통한
사전적 배상조치 확보규정
ㅇ 배상조치액(제6조): 원자력사업자의 책임보험과 보상계약, 공탁 등을 통한 사전적
배상조치 확보규정
ㅇ 책임보험계약(제7조): 책임보험계약 및 조건에 관한 원자력안전위원회의 승인 규정
ㅇ 손해배상청구권의 우선(제8조): 피해자의 우선적 청구권리와 책임보험금의 성격
규정
ㅇ 보상계약(제9조): 보상계약의 역할 및 성격 규정
ㅇ 소멸시효(제13조2항): 원자력손해배상의 청구권 행사 기간에 관한 규정
ㅇ 정부의 조치(제14조): 원자력손해의 피해액이 배상조치액을 상회하거나,
원자력사업자의 면책사유 발생시 정부의 피해자 구제 조치 규정
ㅇ 원자력손해배상심의회(제15조): 원자력손해의 배상에 관한 분쟁 조정을 위한
원자력안전위원회 심의회 설치규정
□ 1969년 처음으로 원배법이 제정된 이래 17회의 개정이 있었으며, 주로 면책조항,
원자력사업자의 배상책임한도, 배상조치액, 원자력손해의 구체화, 보상계약법의
담보사고의 변화를 골자로 개정
ㅇ 1974년 개정: 배상조치액 증액, 구상권에서의 사업자간 특약 인정, 면책사유
수정, 보상계약법 제정 등
ㅇ 1986년 개정: 원자력사업자의 배상조치액 증액
ㅇ 2001년 개정: 개정 비엔나협약 가입을 염두에 두고 원배법이 개정되었으며, 현행
제도의 기본을 이룸
□ 원배법 시행령의 경우 2014년 개정을 통해 배상조치액 책임한도(SDR3억)와
동일부지 손해배상조치 단위의 상한(6기)을 규정하고 있음
□ 보상계약법은 정부가 일종의 재보험형식으로 민간의 원자력손해를 보상하는
계약으로, 민간보험회사의 책임보험 인수능력 부족을 보완하기 위해 도입
ㅇ 최초로 이를 도입한 미국의 경우, 민간보험의 인수능력 증가와 사업자의 공동보험
도입으로 1982년 역할 종료
ㅇ 일본은 처음에는 민간의 책임보험이 자연재해에 의한 원자력손해를 담보할 수
없는 관계로 도입되었으며, 원자력보험풀의 인수금액을 보완하는 미국 등과 달리
특정 원인의 원자력손해를 담보하는 형태
ㅇ 현행 국내 보상계약법은 정상운전에 따른 원자력손해, 사고발생 10년 후의 피해자
배상청구분, 환경회복 조치비용과 환경손상으로 인한 경제적 이익 상실에 대해
담보
3. 원자력사고와 배상 및 보상
□ 1979년 발생한 미국의 스리마일 섬(TMI)사고는 상업용 가압형경수로에서
방사성물질의 외부유출이 일어난 최초의 사고
ㅇ 사고 원인에 대해서 운전원의 실수(인적 요인)와 원자로 납품회사인 B&W사의
가압기 방출밸브 고장이 지적되고 있음
ㅇ TMI사고의 경우 수소발생에 따른 연소만 있었고 수소폭발로는 이어지지
않았으나, 발전소 반경 30km 내에 주민들에 대해 피난권고 발령
ㅇ 원자력보험풀은 2003년 TMI사고피해 법적소송 종료까지
긴급피난비용(USD100만), 건강기금(USD500만), 소송비용(USD2900만),
집단소송 화해기금(USD3400만), 기타(USD100만)등 약 USD7,100만을 변제
ㅇ TMI 2호기 오염제거 등에 원자력 재산보험금을 동원한 USD9.75억 투입
□ 1986년 발생한 구소련(우크라이나)의 체르노빌 원전사고는 최초의 INES 레벨7의
사고로 북반구 대부분의 광역적 피해와 함께 수많은 사상자를 발생시킴
ㅇ 운전원의 조작미스로 원자로가 파괴되고 대량의 방사성 물질이 밖으로 노출되는
사고 발생
ㅇ 원자로의 소화 및 방사선의 차폐를 위해 콘크리트 벽과 철강제의 건물커버로
원자로 건물을 뒤덮는 석관 방식 도입
ㅇ 체르노빌 사고로 유럽 13개국 면적의 50%, 기타 8개국 면적의 30%가
오염되었고, 원전지역 반경 30km내는 여전히 주거 금지
ㅇ 서유럽 국가들은 법률적 국가책임의 추급 곤란과 집행절차의 불명확성 등의
이유로 구소련에 대한 배상청구를 유보
ㅇ 구소련 내의 피해는 약 140조-150조원 정도로 추정되나, 실제 지불된
배상금액은 2.2조-2.3조원 정도로 추산되며, 구소련 이외의 국가가 자국민을
위해 보상한 금액은 1.2조-1.4조원 정도로 알려져 있음
ㅇ 국제원자력기구 및 세계보건기구는 사고 관련 인적피해로 사고 수습작업원
80만명 가운데 50명의 사망과 9,000명의 암발생을 인정하며, 유엔과학위원회
역시 건강피해사례로 갑상선암의 발생을 인정
ㅇ 우크라이나와 벨라루스는 1991년 이 사고의 피해자를 대상으로하는 세계 최초의
원자력사고 보상법을 제정
ㅇ 본 사고로 인해 각국의 원자력손해배상제도의 설치와 국제배상협약의 개정 및
신설을 촉구하는 계기가 됨
□ 1999년 일본에서 발생한 토카이무라(JCO) 임계사고는 일본 원배법이 실제로
적용된 최초의 원자력 사고
ㅇ 공정진행상 임계방지를 위해 설계된 형상제한이 필요하나 이것이 갖춰지지 않은
침전조에 임계제한질량을 초과하는 과도한 초산우라닐 용액이 주입되면서 발생
ㅇ 작업원 2명 사망, 작업책임자 1명 중상 이외에도 피폭작업원을 옮긴 소방대원,
정지작업에 투입된 작업원 14명, 공장주변 주민 667명이 피폭되었고, 반경
10km이내의 주민의 피난 및 옥내 대피 실시
ㅇ 원배법에 의해 설치된 원자력손해배상분쟁심사회의 중재 2건, 소송에 이른 것이
11건을 제외한 대부분의 보상청구는 이바라기현 등 지자체의 중재를 통해
합의방식으로 해결
ㅇ 보상 신청(최종) 6,983건에 JPY154억의 보상금이 지불
ㅇ 원자력손해의 범위 결정을 위해 피난지역과 정보획득에 소요된 시간 등이
고려되고, ‘소문피해’에 대한 논의를 최초로 다룬 사고
* 소문피해란 간접피해 및 영업피해에 포함될 수 있으나, 제품의 물리적 훼손 및
방사능 오염이 없음에도 거래거부 등으로 발생하는 경제적 피해
ㅇ JCO는 연료가공공장으로 배상조치액은 JPY10억이었으며, 이를 초과하는 나머지
추가 보상금 JPY144억은 모회사인 수미토모 금속광산이 사회적 책임을 다한다는
취지로 부담
ㅇ 원배법상 모회사에 배상능력이 없었다면 국가의 조치가 적용되는지 여부 등의
의문이 제기됨
ㅇ 사고 이후 원자력방재제도를 변경하여 원자력재해대책특별조치법 제정, 방재지침에
원전 이외의 원자력 관련시설 추가, 지자체 사무에 피난계획의 수립을 규정
□ 2011년 일본에서 발생한 후쿠시마제일원전사고는 지진과 쓰나미로 인해 원자로
3기의 파손 및 수소폭발이 일어나면서 발생한 사고로 체르노빌 원전사고 이래 두
번째로 INES 레벨7의 사고
ㅇ 지진으로 외부전원이 절단된 상태에서 쓰나미로 인해 부지내 비상전원 역시
침수되면서 원자로의 냉각기능이 상실된 것이 사고원인
ㅇ 주민 약 15만명이 피난하는 사태를 가져왔으나, 피난과정에서 피난계획의 미비로
인적 피해가 증가
ㅇ 발생 후 7년이 지났지만, 근본적인 사고수습의 진전이 없으며, 방사성 물질로
인한 대기 및 해양오염도 지속되고 있는 상황
ㅇ 2018년 현재에도 후쿠시마현 12개 시정촌 중 6개 시정촌에는 피난지시가
해제되지 않은 지역이 있으며, 피난지시가 해제된 지역도 주민귀환율이 20%
이하로 향후 지자체의 지속가능성이 우려됨
ㅇ 사고이후 일본정부는 사고원인을 책임보험의 면책사유인 지진 및 쓰나미로
판단하여 보상계약에 의해 제1원전과 제2원전의 계 JPY1,889억(보상계약금)을
도쿄전력에 지급하고, 원배법 제16조에 따라 피해자 구제를 위해 도쿄전력을 지원
ㅇ 정부는 배상지원기구에 교부국채를 교부한 후, 이 금액 내에서 도쿄전력의 요청에
따라 지원기구가 정부에 교부국채의 상환을 요구하여, 도쿄전력의 배상비용을
지원하는 구조로 지원하며, 원자력사업자들은 일반부담금, 도쿄전력은 별도의
특별부담금을 납부해 배상지원기구를 통해 지원금을 정부에 상환
ㅇ 2012년 정권교체를 통해 들어선 자민당 정부는 후쿠시마재생
가속화방침을 결정
ㅇ 사후처리비용이 지속적으로 증가함에 따라, 일본정부는 교부국채의 상한을 늘리고
제염물 중간저장시설 건설운영비를 정부가 부담하는 형태로 공적자금 투입이 증대
ㅇ 원배법 제18조에 따라 당사자들의 분쟁해결을 위해 분쟁심사회와 원자력손해배상
분쟁해결센터 설치
ㅇ 주민 등 피해자의 소송에서 승소사례가 늘어남에 따라 배상금액의 증대가
확실시되고 있음
ㅇ 2013년 일본정부는 청구권의 소멸시효특례법을 도입하여 피해자의 청구권 행사에
지장이 없도록 조치
제3장 해외의 원자력손해배상제도와 국제협약
1. 원자력보험
□ 원자력보험은 일반보험과 달리 원자력 보험풀의 형태로 운영되며, 그 종류에는
책임보험과 재산보험이 있음
ㅇ 원전수가 적어 보험의 기본원칙인 대수의 법칙이 적용되지 않음
ㅇ 배상부담 리스크의 분산과 인수능력 확대를 위해 개개의 보험회사가 보험을
인수하지 않고 다수의 보험회사가 공동으로 원자력 보험을 인수하는 풀 체제로
운영
ㅇ 국내보험회사만으로 인수능력이 부족하므로, 국제적 재보험망을 통해 국내
보험사의 순보유한도액이 넘는 부분은 해외 원자력보험풀에 재보험으로 출재
□ 책임보험은 원자력시설내의 사고로 발생한 인적·물적 손해에 적용되는 보험
ㅇ 책임보험의 특징은 총보전한도액이 존재한다는 것으로, 이는 사고 1건 당 피해가
장기적이고, 막대하거나 복수사고 발생시 원인이 되는 사고의 특정이 곤란하여
도입
* 원배법에 따른 현행 책임보험의 총보전한도액은 SDR3억
ㅇ 보상계약의 담보리스크 및 사업자의 면책사유를 제외한 배상책임을 담보하며,
원자력손해와 일반손해가 같이 발생할 경우를 대비하여 일반손해도 담보대상에
포함
단, 2010년이후 한수원은 일반손해를 체결하고 있지 않음.
□ 재산보험은 일반사고와 원자력 사고로 인한 원자력시설에 발생한 손해를 담보하는
물적보험
ㅇ 보상한도액 내에서 기계사고에 대한 보험금과 기타사고에 대한 보험금으로 구성
ㅇ 형식상 재산보험의 가입은 임의이지만, 핵연료수입시 반환에 관한 배상책임의
부보를 요구받는 만큼 강제가입의 측면이 있음
현재 원자력환경공단만이 미가입
□ 상호보험은 보험가입자들이 서로 출자하여 단체(보험회사)를 구성하고, 회사가
이들을 위한 보험을 인수하는 형태
ㅇ 원자력분야의 상호보험으로는 1973년 미국 14개 원자력사업자가
상호보험시스템으로 설립한 원자력상호보험회사(NEIL) 등이 있음
ㅇ 각각은 책임보험에 대해 재산보험을 원자력사업자에 제공하기 위한 목적이나,
구성원의 보험료삭감, 원자력사업자의 리스크 인수능력 보완의 목적으로 설립
2. 책임보험의 사고억제기능과 문제
□ 손해배상제도의 목표 중 하나인 사고억제기능은 사회적비용의 내부화로 사고에 대한
가해자의 주의의무를 높이는 경제적 억제를 의미
□ 원자력보험은 정부개입에 따른 강제가입이 불가피
ㅇ 보험회사는 리스크를 내부화 한 적정 보험료의 산정으로 사고억제 즉 경제적
억제에 기여
ㅇ 이 과정에서 정보의 비대칭, 리스크 분석의 어려움, 대수의 법칙 불적용 같은
한계가 존재하여, 결과적으로 정부의 개입에 따른 강제가입이 필요
□ 피보험자의 도덕적 해이 문제가 존재
ㅇ 리스크가 내부화되지 않은 낮은 수준의 보험료로 보험금액까지 배상책임 회피
가능
ㅇ 이에 대한 대책으로 손실보다 적은 담보의 제공과 사고회피활동에 대한 관찰이
거론
3. 해외의 원자력손해배상제도
□ 미국: Price and Anderson Act(PA법)
ㅇ 원자력법에 따라 원자력의 상업화가 추진되었지만, 원자력사고에 관한
손해배상책임의 특별법 제정이 불가피하여 원자력법을 수정하는 형식으로
성립되어, 1957년 도입이래 네 번의 개정을 거침
ㅇ PA법은 외부비용의 내부화를 통해 원자력사업자의 배상책임을 강화하여 자주적인
사고억제 노력을 촉구하는 방향으로 발전
ㅇ 미국정부는 조부조항을 이용하여 PA법의 대폭 수정없이 1997년에
보충기금협약(이하 CSC)에 서명하고 2008년에 상원 비준을 받음
□ 일본의 원자력 손해배상제도
ㅇ 일본은 1959년 원자로등규제법에 원자력사업자의 손해배상조치를 추가하는 한편,
1960년 원자력보험풀 설립, 1961년 원배법 및 보상계약법을 제정
ㅇ 도입당시부터 원자력사업자의 무한책임을 도입하였으며, 이외에도 국제적인 원칙에
맞춰 무과실책임주의, 배상책임의 집중, 배상책임의 강제, 원자력사업자의
배상조치액 초과 및 면책사유에 대해 정부의 조치를 규정
ㅇ 원배법은 10년의 한시법으로 외국 원자력선의 기항 요청, TMI, 체르노빌 및
후쿠시마원전사고, CSC 체결 등 국내외의 상황을 반영하는 정기적인 개정을
실시하면서, 배상조치액을 점진적으로 증대(최근 2배증이 많음)
□ 독일의 원자력 손해배상제도
ㅇ 독일은 1959년 미국 PA법을 인용하여 원자력법에 손해배상제도 도입
ㅇ 최초에는 경제적 책임집중, 무과실책임주의, 유한책임을 채택하였으나, 이후
개정을 거쳐 법적 책임집중과 무한책임을 채택하고, 배상조치액 증액, 국제협약
가입 준비
ㅇ 배상조치액은 책임보험과 전략사업자의 상호부조로 조성한 금액으로 구성
□ 스위스의 원자력 손해배상제도
ㅇ 스위스는 1959년 원자력법 내에 손해배상제도를 규정하고 있었으나, 1983년
원배법을 개별법으로 분리
ㅇ 최초에는 유한책임을 채택하였으나, 개별법으로 분리되는 과정에서 무한책임으로
변경하였고, 독일과 마찬가지로 국제협약 가입 준비를 위한 개정 실행
ㅇ 원자력사업자의 법적책임에 대해 명확한 규정은 없으나 개정파리협약에 따라
무과실책임 및 책임집중이 적용
ㅇ 원자력사업자의 면책은 인정하지 않으나, 연방각의가 규정한 바에 따라 특정
리스크에 대해 보험회사의 인수 거부는 가능
ㅇ 원자력손해배상기금은 원자력사업자 및 수송면허소유자가 사후에 지불하는
소급분담금과 이자수익을 재원
ㅇ 배상조치액은 1단계 책임보험, 2단계 손해배상기금, 3단계 브뤼셀보충협약
공동기금, 4단계에서 다시 손해배상기금을 사용하고, 이를 초과할시 사업자
보유자산과 정부원조로 부담
□ 중국의 원자력 손해배상제도
ㅇ 중국은 원자력손해배상제도를 규정한 개별법 없이 다른 법에 의해 다양하게 규제
ㅇ 중국은 1986년 국무원 회답에서 공공의 보호와 원자력산업의 발전이라는
이중목적, 엄격책임주의, 사업자의 책임집중원칙, 유한책임, 책임기간의 제한을
반영하고, 사업자의 면책사유를 규정
ㅇ 2007년 국무원 회답에서는 사업자의 책임한도액 및 정부의 자금보증을 증액하고,
심대한 원자력사고에서 국무원 의결을 통한 추가 재정보조를 가능하게 함
ㅇ 2008년 권리침해책임법 제70조에 원자력손해책임을 규정
□ 대만의 원자력 손해배상제도
ㅇ 대만은 1971년 (구)비엔나협약을 참고하여 원자력손해배상법을 제정하였으며,
무과실책임, 사업자의 책임집중원칙, 유한책임, 사업자의 면책사유, 정부의 조치
상황을 규정
ㅇ 1997년 개정을 통해 책임한도액의 대폭 증액, 원자력사업자의 보상조치 확보에
대한 정부의 심사가 승인으로 강화, 분쟁위원회의 의무와 권한 명시, 인적피해의
우선적 보상, 외국인 피해자에 대한 상호주의 규정
□ 캐나다의 원자력 손해배상제도
ㅇ 캐나다는 1970년 원자력책임법을 제정한 이래 이를 토대로 원자력손해배상제도를
유지하다가, 2013년 CSC 서명 이후 비준을 위한 정합성을 갖추는 과정에서
새로운 법률(Nuclear Liability and Compensation Act)이 제정됨으로써
원자력책임법을 대체
ㅇ 국내사고는 CSC 보충기금을 원자력배상책임계정에 입금해 사용하고, 해외사고의
경우 분담금을 동일 계정에서 지급하되, 부족분은 정부가 지불하고 공식에 따라
회수
4. 국제배상협약
□ 1950년대 후반부터 유럽을 중심으로 원자력손해의 특수성을 반영한 손해배상제도의
보편적 기준과 운영원칙을 규정한 국제배상협약의 도입이 시도
ㅇ 원자력손해는 범위(월경피해) 및 성질(장기적 피해)에서 일반 산업손해와 다른
특수성이 존재
ㅇ 원자력손해의 배상기준을 국제적으로 통일시켜, 국적 및 주소의 차별없이
피해자에 대한 공평하고 신속한 배상을 보장
ㅇ 여전히 일부의 원자력시설만 국제배상협약에 가입하여, 현행 협약들이 세계적으로
보편성을 가지고 있다고 할 수는 없음
□ 1960년 채택된 파리협약은 세계 최초의 국제배상협약으로 이후 협약들의 선구적인
역할을 했고, 1963년 채택된 브뤼셀보충협약은 공동기금 방식을 최초로 도입
ㅇ 파리협약에서는 용어의 정리 및 국제적 공통원칙을 도입
ㅇ 브뤼셀보충협약은 파리협약의 배상금액을 보완하기 위해 도입
□ 1963년 채택된 비엔나협약은 파리협약과 기본적 원리원칙은 같으나 지리적으로
범세계적인 폭넓은 체결을 촉구
ㅇ 책임한도액의 최저금액을 파리협약보다 낮게 책정하고, 단일의 재판관할권 및
준거법, 시효, 원자력손해의 정의 규정
ㅇ 파리협약과 마찬가지로 낮은 책임한도액으로 인한 피해자 구제 및 사고억제노력을
촉구하는 경제적 인센티브의 역할을 다하지 못함
□ 1988년 파리협약과 비엔나협약의 연계로 피해자 구제조치의 지리적 범위 확대를
꾀하는 공동의정서 체결
ㅇ 1986년 체르노빌 원전사고 이후 파리협약과 비엔나협약을 연계시키려는 활동이
많아짐
ㅇ IAEA가 중심이되어 손해배상조치액 증액, 협약가맹국의 확대 필요성 등에 관한
검토를 진행하여 두 협약의 연계를 꾀한 공동의정서가 채택
□ 1997년 채택된 개정 비엔나협약은 (구)비엔나협약의 실효성 부족과 국제적
보편성에 미흡한 부분을 수정하여 국가책임의 관점을 도입한 국제체제의 구축을
시도
ㅇ (구)비엔나협약은 사업자 최저 책임한도액이 과도하게 낮게 설정되어 있어
실효성이 부족하고, 무한책임제 국가의 손해배상조치에 대한 배려규정이 없는
등의 문제점이 존재
ㅇ 원자력손해의 구체적 정의, 면책사유, 최저책임한도액의 증액 및 지불보증,
무한책임제의 국가에 대한 배려, 면책사유 조정, 제척기간 연장, 지리적 적용범위
확대, 인적피해에 대한 우선적 배상 등을 도입
□ 2004년 채택된 개정 파리협약과 개정 브뤼셀보충협약은 피해자 구제의 확충을 도모
ㅇ 개정 파리협약에서는 기존과 비교하여 원자력사업자의 최저책임한도액 대폭 증액,
원자력손해의 정의 확대, 면책사유 조정, 제척기간 연장 등이 개정
ㅇ 개정 브뤼셀보충협약에서는 각 보상단계의 최저책임한도액이 증액
□ 미국 주도하에 1997년 채택된 보충기금협약(CSC)은 가맹국의 배상조치액으로
보전할 수 없는 부분에 대해 가맹국의 분담금 거출을 통해 지원하는 조약
ㅇ 국제적인 보충기금으로 피해국의 손해를 보완하고, 세계적인 배상책임제도를
구축하는데 목적
ㅇ 국제보충기금 적립을 위해 각 가맹국이 설비용량과 유엔분담비율을 기준으로
분담금을 거출
ㅇ 한국은 2002년 원배법 개정으로 CSC의 기본조건은 거의 갖추었으며, 부분적인
국내법의 수정으로 CSC 부속서에 근거한 가입이 가능
□ 동북아시아(한국, 일본, 중국, 대만)는 세계 원전의 1/3이 밀집해있어 원자력 사고시
월경피해의 발생확률이 높으나, 국제협약에 가입한 국가가 일본을 제외하고는
없으므로 지역적인 원자력손해 배상책임협약의 도입이 필요
ㅇ 지역적으로 각국의 경제력 격차가 현저한 실정을 고려할 필요가 있음
ㅇ 향후, 북한이 원전도입을 시도할 경우를 고려하여, 한국은
지역배상협약 창설에 적극적인 자세를 보일 필요가 있음
제4장 국내 손해배상제도의 실효성 대책
-손해배상기금의 도입을 중심으로-
□ 국내 원전은 해외에 비해 주변지역의 인구밀도 및 산업집적도가 더 높아 사고발생시
해외보다 높은 피해발생이 예상되나 현행 원자력손해배상제도는 이를 충분히
반영하지 못함
ㅇ 실제 중대사고 발생 피해액보다 낮은 배상조치액, 원자력사업자와 국가의
배상책임구분이 불분명한 점 등이 문제점으로 지적
ㅇ 신속하고 충분한 피해자 구제와 원자력사업의 안전성 향상에도 기여할 수 있도록
배상제도의 개정작업이 불가피
ㅇ 기본적 개정과제로는 원배법 목적의 수정, 사업자의 무한책임 도입, 보상계약법
폐지, 보상조치액 증액, 원자력손해배상기금 신설이 있음
1. 법제도적 개선방안
□ 원배법의 목적 수정
ㅇ 현행 원배법의 목적은 피해자 보호 및 원자력산업의 건전한 발전에 기여라는
이중목적을 지님
ㅇ 유럽국가의 원배법 및 국제배상협약은 피해자 보호를 우선시
ㅇ 따라서 원자력산업의 건전한 발전에 기여 목적을 삭제하거나,
원자력의 안전한 이용에 기여 등과 같이 개정할 필요가 있음
□ 사업자의 책임한도 변경
ㅇ 현행 원배법은 2001년 개정을 통해 사업자의 배상책임한도를 무한책임에서
유한책임(SDR3억)으로 변경
ㅇ 개정비엔나협약에서도 국내법으로 사업자의 무한책임을 설정할 수 있음
ㅇ 사업자의 유한책임은 중대사고 발생시 국민부담을 가중시키고,
사업자에게는 도덕적 해이를 조장하는 문제점이 존재
ㅇ 사업자의 배상책임이 유한으로 한정될 경우 국가원조가 없으면 피해자의
배상청구권이 제한되므로 발생하는 법적 문제가 존재
ㅇ 피해자 보호 및 사업자의 자주적 안전성 향상을 촉구하기 위해 사업자의
무한책임제로의 회귀가 필요
□ 보상계약법 폐지
ㅇ 한국과 일본에서만 개별법을 통해 보상계약법이 존재
ㅇ 현행 보상계약법은 원자력사업자 보호의 성격이 있음
ㅇ 원자력산업의 발전과 자산증대를 고려하면, 현행 보상계약법을 폐지하고, 손해의
배상책임을 사업자들에게 맡기는 체제로 정비할 필요가 있음
□ 배상조치액의 증액
ㅇ 현행 사업자 배상조치액 SDR3억은 피해자에게 적절한 배상을 하기에 미흡하여
실효성이 부족
ㅇ 타국의 배상조치액, 사업자의 자산확대, 책임보험의 인수능력 증가를 고려하면
국내 배상조치액 증액이 가능
ㅇ 특례적 소액배상조치액에 있어서도 CSC가입등에 대비하여
증액검토 필요
ㅇ 다만, 배상조치액의 증액, 배상조치액의 구분 통합, 대학 및
연구소와 폐로작업에 착수한 원전의 특례조치 도입 등
배상조치액에 대한 정책적 배려 필요
2. 원자력손해배상기금 설치 근거
□ 배상조치액의 증액만으로는 피해액을 적절하게 보상하기 어려우므로, 별도의
원자력손해배상기금을 신설하는 것이 정책적 차원에서 바람직
ㅇ 국내원전 주변지역은 일본의 주변지역보다 도시화되어 있고 산업집적도 및
인구밀도도 높으며, 국민부담의 최소화와 사업자의 예견가능성을 고려할 때
민간원자력보험의 인수능력을 기준으로 하는 배상조치액 증액만으로
중대사고에서의 피해자 구제를 실현한다는 것은 무리가 있음
ㅇ 따라서, 별도의 원자력손해배상기금(가칭)의 신설이 필요
□ 기금설치는 법적으로 국가재정법에 근거하며, 신설 요건 등을 고려할 때 신규설치
논거가 분명함
ㅇ 국가재정법 제5조에는 기금은 국가가 특정한 목적을 위하여 특정한 자금을
신축적으로 운용할 필요가 있을 때에 한해 법률로써 설치 명시
ㅇ 원자력손해배상기금은 국가재정법 제14조 2항에서 제시한 기금신설의 요건에
모두 충족
□ 기금의 입법방식은 해당 정책에 관련된 법률(원배법) 내에 기금에 관한 규정을 두는
종속방식의 채택이 타당
ㅇ 절차상의 복잡성과 시간소요를 회피하는 장점이 있음
□ 최근 3년간 설치된 기금(신규 계정 포함)은 총 5개 기금이 있으며, 대부분
종속방식의 입법방식을 채택
ㅇ 최근 3년간 국제질병퇴치기금, 사법서비스진흥기금, 원자력기금
(원자력안전규제개정), 산업기술진흥 및 사업화 촉진기금, 소상공인시장진흥기금이
신설
3. 원자력손해배상기금 설치방안
□ 본 연구에서는 원자력손해배상기금은 12억SDR의 규모로 현행 정부가 보상계약에서
담보하는 담보범위를 포함하는 기금 설치방안 제시
ㅇ 가장 이상적인 방안은 사업자가 기금을 특정기간 내에 증액된 규모로 적립하는
것이나, 이는 사업자 부담이 과중되어 비현실적
ㅇ 따라서 손해배상기금을 각각 SDR 6억을 상한의 일반기금과 특별기금 2단계로
구성 제안
ㅇ 제1단계 일반기금은 보상계약법 폐지에 따른 원자력손해를 담보하고, 사업자는
분담금으로 매년 현행 보상계약방식에 준하여 적립
ㅇ 제2단계 특별기금은 지정된 기간 내에 SDR6억을 적립하여,
책임보험금(배상조치액) 및 일반기금(배상조치액)의 초과분 보완
□ 원자력손해배상기금의 용도는 다음과 같음
ㅇ 일반기금은 현행 보상계약에서 담보하는 정상운전에 기인한 원자력손해, 사고발생
10년 후의 배상청구, 환경회복 조치비용과 환경손상으로 인한 경제적 이익 상실을
담당
ㅇ 특별기금은 책임보험금(배상조치액) 및 일반기금(배상조치액)을 초과하는 피해액을
보전, 향후 CSC 체결 시 SDR3억과 특례적인 소액 배상조치액의 차액분에 대한
재정적 조치의 설명수단으로 이용, CSC 보충기금의 분담금 거출 등의 용도로
사용
□ 사고발생시 기금은 먼저 제1단계(일반기금) 적립금을 사용하고, 제2단계(특별기금)
적립금을 사용을 원칙으로 함
ㅇ 1,2단계의 기금 적립 이전에 사고가 발생하여 적립금이 부족할 경우, 정부가
부족분을 지원
ㅇ 이 경우 특별기금 해당분은 사업자의 전액 변제를 전제로 지원
ㅇ 사용 이후 고갈된 기금에 대해서는 상기한 각각의 적립방식으로 재적립하는 것을
원칙으로 함
ㅇ 한편, 사업중지가 법률로 확정되는 경우 특별기금은 사업자의 반환청구에 따라
기금관리에 필요한 사무처리비용을 제외한 금액을 반환하는 형태로 설계하여
사업자의 실질적인 납부부담을 경감시킬 방안 마련 필요
ㅇ 그러나 일반기금은 헌행 보상계약을 대체하는 성격으로 적립액 부족시 정부가
지원하는 방식이므로 동 금액은 반환하지 않는 것을 원칙으로 할 필요가 있음
□ 일반기금과 특별기금의 적립방식은 타기금 및 해외사례를 고려할 때 다음과 같은
방식 검토 가능
ㅇ 현행기준 준용 방식은 1단계 일반기금은 현행 보상계약에 준용하고, 2단계
특별기금은 정책적으로 결정된 일정기간에 걸쳐 적립하는 것으로 기금설치의 목적
달성 및 사업자 납부능력을 동시에 반영하는 장점
ㅇ 책임보험료 방식은 1단계 일반기금과 2단계 특별기금을 현행 책임보험료
납부방식을 준용하여 적립하는 것이나 보험료 계산에 필요한 상세 내역이
비공개되고 있다는 단점
ㅇ 자산, 매출액, 영업이익 등을 기준으로 산정하는 방식은 연간 총적립금액을
확정하고 이를 기금 납부기관의 자산, 매출액, 영업이익 등 비율을 반영하여
기관별로 적립액을 부여하는 방식이나, 원자력사업자의 부담비율 및 금액이 매년
변동되며, 사고확률이 분담금 산정에 반영되지 않는 단점이 존재
ㅇ 스위스 방식은 스위스 납부산식을 적용하는 방식이나 분담금 계산에 필요한
확률변수가 비공개되고 있고, 아직 스위스에서도 관련법 미비로 실제 적용하지
않는 단점
ㅇ 상기한 네 가지 대안 중 기금 도입의 취지를 살리면서 원자력사업자의 납부능력을
고려한 현행기준 준용방식을 기준으로 분담금을 설정하는 것이 가장 현실적
□ 현행기준 준용방식의 채택시 특별기금의 적립기간에 대한 검토 필요
ㅇ 미국소급보험료 개정주기와 캐나다, 독일 원배법 개정주기를 적용하는 5년 방식은
연간 약 1,890억원을 적립할 수 있으며, 민간보험시장의 사고확률변경 등이
반영되는 개정주기 및 주요국의 환경변화 등이 반영되는 개정주기 활용하는 장점
ㅇ 미국, 일본의 원배법 개정 주기인 10년을 적용하는 방식은 연간 약 945억원을
적립할 수 있으며, 주요국의 환경변화 등이 반영되는 개정주기 활용한다는 장점
ㅇ 그러나 사업자의 납부능력과 정책결정을 위한 다양한 변수 반영을 고려하여 20년
등과 같이 정책적으로 결정하는 방법이 있으며, 이 경우 연간 약
(9,450/N년)억원을 적립가능
□ 한국수력원자력뿐 아니라 기타시설의 분담금 납부금액 산정을 위한 소액배상조치액
검토 역시 필요
ㅇ 국내 연구기관으로는 원자력연구원, 경희대학교가 있고, 관련 공공기관으로는
원전연료, 원자력환경공단이 존재
ㅇ 소액 배상조치액을 결정하는 방법에는 크게 해외사례를 반영하는 방법과
CSC가입에 대비하여 최소한의 수준으로 결정하는 방법이 있음
ㅇ 해외사례를 반영(1안)하는 경우 배상조치액의 논거가 해외사례를 통해 분명해지나,
국내실정상 사업자 납부능력이 고려되지 않고 정해지는 단점이 존재
ㅇ CSC가입 최소수준에 맞춤(2안)은 SDR500만을 일괄적으로 최저 보상조치액으로
결정하는 방식
ㅇ 배상조치액이 결정되면, 각 시설은 이를 토대로 원자력사업자와 동일하게 제1단계
일반기금과 제2단계 특별기금으로 나누어 적립
ㅇ 현행기준 준용방식과 동일하게 일반기금 해당분은 보상료 방식을 준용하고,
특별기금 해당분은 정해진 적립기간에 맞춰 분할 납부
ㅇ 다만, 경희대학교와 같은 교육기관의 경우 전문인력양성이라는 목적 달성을 위해
납부금액을 현행 수준에서 유지하는 방안 마련 필요
□ 기금 관리 운용기관 검토
ㅇ 기금이 신설되는 경우 원안위에 복수의 기금이 설치가 되므로 이를 관리하기 위한
기관을 별도로 지정할 것인지 또는 현행 원자력기금을 관리하는 기관에 통합
관리할 것인지 검토 필요
ㅇ 단일부처의 복수기금은 단일기관에서 관리하는 타기금 사례에 따라 단일기관에서
통합 관리하는 방안 효과적
□ 기금도입에 따른 이견대립
ㅇ 정부에서 일반회계로 민간 원자력사업자의 부족분을 충당하는 방식에 대한 반론이
존재할 수 있으나, 이는 특별기금의 전액 적립 전의 일시적인 현상이며, 기금이
적립된 이후에는 되려 정부의 지원분은 감소
제5장 결론
□ 국내 원자력 손해배상제도의 개정과제의 중심사항으로 손해배상기금 신설을 검토
ㅇ 현행 손해배상제도는 책임보험인수능력보다 낮은 배상조치액, 사업자 유한책임,
보상계약법과의 상충 문제, 원배법의 목적에 사업자 보호 명기 등의 개선사항이
파악
ㅇ 규제 등 행정적 개입을 최소화하고, 사업자의 자주적 안전성 향상노력을 촉구하는
인센티브를 가진 제도 설계가 필요
ㅇ 따라서, 사업자의 배상조치액을 보험풀의 인수능력까지 증액하고, 이를 보완하는
조치를 확보할 수 있도록 손해배상기금을 도입 필요
□ 일각에서는 배상조치액 증가, 배상기금 신설로 인한 전기요금 인상 및 사업자
예견가능성 저하에 대한 우려가 존재하나, 소비자의 안전이 무료로 제공되는 것이
아님을 인식할 필요가 있음
ㅇ 그간 정부의 간접적 지원방식으로 인해 과소평가되었던 사회적 비용의 반영이며,
피해자 구제를 위한 비용의 평준화 방식이 채택된 것
□ 원자력산업의 지속성 필요성을 고려할 때, 사업자가 사고배상책임을 사전에
대비하는 체계 구축을 통해 국민의 심리적 안정감과 이에 필요한 실질적 재원을
확보함으로써 기업활동의 지속성을 도모하는 것이 중요
□ 현행 원배법의 실효성 및 투명성 향상을 위한 추후 연구사항은 다음과 같이 제시
ㅇ CSC 등 국제배상협약 체결을 염두에 둔 국내법의 부분적 개정
ㅇ 현재 사회적 조건과 부적합한 상태에 있는 민법 등 현행법 규정에 대한 개정
주제어 배상 실효성 확보를 위한 원자력손해배상제도 개편관련 정책연구
발행년도 2018년

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