Our study has intended to provide a comprehensive research on safety legislation as a way to secure safety from various risks caused by modern risk society. For this purpose, we examined, first of all, the conceptual problem of 'risk' inherent in the ...
Our study has intended to provide a comprehensive research on safety legislation as a way to secure safety from various risks caused by modern risk society. For this purpose, we examined, first of all, the conceptual problem of 'risk' inherent in the uncertainty of modern society based on relevant foreign literature in the area of risk studies. From this theoretical foundation, we have undertaken diverse research. The main contents of our research may be summarized as follows: I) In the area of consumer safety legislation and administration, basic system for the protection of consumer safety within the framework of consumer safety law and relevant regulation such as food safety regulation, industrial products safety regulation, medical supplies safety act was deeply reviewed. Examination and suggestions were also presented for the recall system, safety inspection mechanism, certification mark and hazard analysis critical control point (HACCP). II) On the subject of the protection of the parties concerned in the case of the risks in insurance contract, process of the formation of the insurance contract was carefully examined and desirable ways were suggested in relation to 'risk-taking' and 'risk-management' in the contract. III) As to the issue of food safety, we first examined the structure of food safety related law and regulations as well as adminstration for food safety based on the existing literature review in this area. On this basis, we analyzed various problems of the current institutions and policies, thereby suggesting a desirable model for Korean society in a way to improve and correct existing problems. IV) Effective legal remedies for the protection of consumers arising from various risks were also discussed. This is quite a significant and practical issue for the protection of consumers at a time when they are not properly compensated or remedied before resorting to litigation or other legal procedures. We tried to find an ideal and effective solution to give assistance to such aggrieved consumers. V) Environmental problems were also considered, particularly from the perspective of constitutional law and civil law. We argued that environmental rights related provisons in the constitutional law should be more directed and approached from the perspective of biocentric principle, away from the present anthropocentric position. Relevant legal theories and reasoning for the compensation for damages from the environmental pollution and harms within the field of narrowly defined environmental law, such as ‘probability theory' were also discussed. This type of legal theorizing for seeking damages within the field of environmental law would be beneficial to overcoming the limitation of legal theorizing and reasoning for damages based on Article 750 of Civil Code in Korea. VI) Nuclear energy related law and regulations were critically reviewed with special reference to the systemic features and unreasonableness in the formality of relevant legislation. The problem of state agency for the safety of nuclear energy management was aptly pointed out. With relevant problems in mind, we presented an alternative to improve the situation. VII) Lastly, as to the concerns over risks inherent in the use of asbestos, such as asbestos exposure, we attempted to provide a safety model in the process of asbestos removal and destruction by examining Korea's Industrial Safety & Health Act and relevant legislation of major advanced countries.
In conclusion, we have reviewed general framework for the safety law and regulation and processed, assembled useful information for the analysis of existing problems and policies. On this empirical research, we have suggested appropriate models and plans which are necessary and essential for upgrading the quality of safety legislation in Korean society.