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A Study on legal systems and politics to control chemicals - Focus on regulation of Hazardous Chemicals -
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화학물질 관리 법제에 관한 연구 : 유해화학물질관리법과 화평법 · 화관법의 비교를 중심으로

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Type
Academic journal
Author
Jung, Ho-kyoung (한양대학교) Ma, Jong-kun (한양대학교)
Journal
Korea Administrative Law And Practice Association ADMINISTRATIVE LAW JOURNAL No.44 KCI Accredited Journals
Published
2016.2
Pages
191 - 222 (32page)

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A Study on legal systems and politics to control chemicals - Focus on regulation of Hazardous Chemicals -
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Abstract· Keywords

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Paradigm of the regulation systems to control chemicals is changed in Korea from January 01, 2015. Toxic chemicals regulatory policies have responded to domestic toxic accidents and international regulatory regimes for toxic substances. Recently toxic chemicals accidents have taken place both domestically and internationally which resulted in risk and injury toward people and their environment as well.
The unitary system of control or manage chemicals used prior to change the paradigm. However, new system of controlling chemicals adopted to dualised that is 「Chemicals Control Act」 and 「Act on regulation, evaluation and management of chemical substances」 as an alternative of previous the system. The former is focused on management and regulation of chemicals, while the latter concentrate to register and evaluate the chemicals. This new system is called Korean REACH.
This paper trace the history of legal systems and politics to control chemicals in the past legal systems and politics of control chemicals. Also, we tried a legal analysis on now Korean REACH. And, this paper explores how Korea’s legal policies evolve focusing on a variety of chemical substances. Particularly this paper investigates what factors develope the legal system of the chemicals regulation and what improvement point has been implemented in this area.
「Act on regulation, evaluation and management of chemical substances」 has a lot of problems presently. One of the representative problem is the resistant of industrial circles in connection with that chemicals. Because the range of the report and registration is broad excessively. And because the corporation’s secret of treating the chemicals caused by imposing to manufacturers, sellers and importers the submitting duty of the widespread data and information of the treating chemicals is not kept. Also, the following problems indicated. One is to need some time to additory discussion to establish the detailed standard of registering a harmful chemical substance.
The writers of this paper hope that this study helps to make Korean REACH better law. And we wish that this study contributes to developing a model of legislative environmental law.

Contents

국문초록
Ⅰ. 서론
Ⅱ. 화학물질 관리 법제의 연혁
Ⅲ. 새로운 화학물질 관리체계의 수립 – 일원적 체제에서 이원적 체제로의 변경
Ⅳ. 현행 화학물질 관리 법제에 대한 평가
Ⅴ. 결론 - 향후의 과제와 전망
참고문헌
〈Abstract〉

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