대학 연구실 안전 강화를 위한 법제 개선방안 = A study on the Legal Improvement of Safety Management in University Laboratory

다국어 초록 (Multilingual Abstract)

The safety management of research laboratories in Korea is mainly managed by the Act on the Establishment of Safety Environment in Laboratory enacted in March 2005, but the proportion of safety accidents in university laboratories is 84 percent since 2011, which is a high percentage compared to other research institutes and business-affiliated research institutes. Since most university labs are composed of undergraduate and master's students, their expertise is reduced, and thus they are highly exposed to the risk of safety accidents. Efforts to prevent safety accidents in the laboratory are essential because of the steady occurrence of safety accidents in the university laboratory. This is to disprove the importance of the Act on the Establishment of Safety Environment in Laboratory.
The purpose of Act on the Establishment of Safety Environment in Laboratory is to efficiently manage research resources and thereby to contribute to the revitalization of scientific and technical research and development activities by ensuring the safety of laboratories in the fields of science and technology established in a university, research institute, etc. and ensuring proper compensation for damage caused by a laboratory accident.
In order to achieve this purpose, we seek to improve the contents, operation and fundamental improvement.
Improvements in contents include expansion of the scope of application. Recently, due to the revitalization of literature and science convergence studies and courses, the necessity of establishing a safety management system for the safety of university research laboratories, including not only science and technology departments, but also arts and humanities and social studies laboratories, is increasing. university laboratory accidents should apply to all laboratories, including the arts and physical arts department, but current Act on the Establishment of Safety Environment in Laboratory are limited to science and engineering.
Therefore, it is urgent to expand the scope of application of the Law of Act on the Establishment of Safety Environment in Laboratory in order to solve the safety problems and legal problems caused by limiting the application of the Act on the Establishment of Safety Environment in Laboratory to the science and technology laboratory installed in universities and research institutes. This can be achieved through an extension of laboratory definition rules.
There is also problem that the concept category of person engaged in research activities is unclear, and the scope of research activities is ambiguous.
Directly quoting terms explicitly defined in laws related to science and technology is more consistent with the purpose of the law.
Act on the Establishment of Safety Environment in Laboratory Article 3(Scope of Application) However, this has a scope of coverage and relations with other laws in one article. This is a mismatch of system legitimacy. Therefore, the provisions on scope and relations with other laws will have to be revised as separate independent clauses.
In terms of operational improvement, only the science and technology field laboratories are separately managed. As a result, safety blind spots have occurred and systematic safety management has not been achieved. It is necessary to establish an integrated management and cooperation system for university and research institution safety related laws. Therefore, there is a need for safety management of universities and research institutes through powerful control towers. Inter-ministerial council arrangement can be an alternative. In addition, it is also necessary to establish and operate a comprehensive management system that extends safety management to people and the environment, which has been focused only on the safety of the laboratory.
The fundamental improvement is the establishment of the right to constitutional security. The right to security means 'the right to fully preserve its constitutional interests from risk'. Prompt establishment of the right to constitutional security is urgent.

참고문헌 (Reference)

• 1 이근원, "화학물질 사용 실험실의 안전관리 실태와 인식도" 한국가스학회 16 (16): 60-66, 2012
• 2 이근원, "화학물질 사용 실험실의 사고사례 분석 비교" 한국가스학회 2012
• 3 허영, "한국헌법론" 박영사 2011
• 4 이한태, "한국 헌법상 기본권으로서의 안전권에 관한 연구" 법학연구소 16 (16): 121-145, 2015
• 5 박영도, "특별법 입법체계 개선방안" 한국법제연구원 2012
• 6 홍완식, "체계정당성의 원리에 관한 연구" 한국토지공법학회 29 : 459-482, 2005
• 7 최기철, "외국 대학의 연구실 안전대책" 교육재난시설공제회 안전교육 자료실 2008
• 8 강선준, "연구자 보호를 위한 ‘연구실 안전환경 조성에 관한 법률’개정 방안에 대한 제언" 한국기술혁신학회 2018
• 9 최문선, "연구실 안전정책 수립을 위한 연구실 안전관리 실태조사연구" 미래창조과학부 2014
• 10 윤계형, "연구실 안전관리를 위한 법제개선방안 연구" 한국법제연구원 2016
• 11 서지영, "안전한 연구개발 환경 조성을 위한 제도 개선방안" 과학기술정책연구원 2015
• 12 류현숙, "안전취약계층의 안전권 보장을 위한 제도 개선 연구" 한국행정연구원 2018
• 13 조성제, "안전도시 구축과 지방자치단체의 책무 –경상남도 진주시를 중심으로-" 법학연구소 23 (23): 265-294, 2015
• 14 지철구, "실험실의 안전성 확보에 관한 연구" 대한안전경영과학회 6 (6): 47-60, 2004
• 15 이상명, "생활화학제품의 위험으로부터의 안전" 한국법정책학회 18 (18): 1-30, 2018
• 16 법제처, "법령입안 심사기준"
• 17 인하대학교, "대학실험실 안전관리 체계 문제점 및 개선방안" 2017
• 18 교육재난공제회, "대학 실험실습실 안전관리" 2006
• 19 송석윤, "기본권으로서의 안전권에 관한 시론적 연구" 법학연구소 8 (8): 1-32, 2003
• 20 김소연, "기본권으로서의 안전권 인정에 대한 헌법적 고찰" 한국공법학회 45 (45): 173-195, 2017
• 21 김대환, "국가의 국민안전보장의무" 한국비교공법학회 15 (15): 3-41, 2014
• 22 "국가연구안전정보시스템 자료실"
• 23 "국가법령정보센터"
• 24 안상훈, "공공복지향상을 위한 과학기술정책 방향과 중점과제" 과학기술정책연구원 [서울] 2012
• 25 Yuna Kwon, "The study on the necessity of on line safety education software development for research staff" 120 : 2015
• 26 Imke Schroder, "Laboratory safety attitudes and practices: A comparison of academic, government, and industry researchers" 23 (23): 2016
• 27 과학기술정보통신부, "2019 연구실 안전관리 실태조사" 2019
• 28 미래창조과학부, "2016 연구실안전법 해설집" 2016