危險物運送管理에 관한 立法論的 硏究

Abstract

International community has made efforts to analyze the risks associated with transporting dangerous goods, to define dangerous goods and to develop strategies to reduce or eliminate their risks.

The fact that the chemical industry and related transportation services benefit individuals and society at large has never been challenged. Disastrous consequences of the transport accidents involving dangerous goods have made it clear, however, that the activity has to be subjected to stringent regulations if the risk is to be prevented. Accidents may take a heavy toll on people's life, property, and can irreparably harm the environment.

Yet, the legitimacy to the activity of the carriage of dangerous goods is not at stake, since it is considered to be essential for life. Rather than prohibiting the activity which is beneficial to the society and its members, the activity is permitted under stringent conditions established by detailed regulations.

The safe and sound movement of dangerous goods from the origin to destination, can only be ensured if every member in the transportation chain knows their exact nature and handles them in conformity with rules developed for the safety purpose.

Although the international community under the leadership of the United Nations and its agencies has made a sturdy move towards setting up uniform standards designed to govern all modes of transport of dangerous goods worldwide, the numerous national and international regulations are still confusing shippers and carriers.

National laws on the transport of dangerous goods are the Ship safety Act, the Aviation Act, the Dangerous Goods Safety Management Act and the Rail Safety Act.

As from 2010, training part of the IMDG Code is supposed to be enforced and so new article for training for treatment of dangerous goods shall be established in the Ship Safety Act but legislation through the establishment of "the Organic Dangerous Goods Transport Act" should be reviewed.

As suggestions for unified operation of dangerous goods regulations, firstly, 'the Dangerous Goods Transport Safety Management Public Corporation' needs to be established for the purpose of integration and harmonization among the individual transport modes.

Secondly, the business scopes of the public corporation are providing comprehensive information on the dangerous goods regulations, consulting or advice on multimodal transport of dangerous goods for customers and a role of unified window for dangerous goods inspections and inspections of packagings for dangerous goods.

Thirdly, the business scopes of the public corporation need to be extended to management of chemical laboratory for the test of UN Manual of Tests and Criteria, research and development on international and national dangerous good regulations.