미국의 화학물질관리에서 리스크 평가와 정당화될 수 없는 리스크 - 독성물질규제법(TSCA)을 중심으로 -

Abstract

In modern society, chemicals are an important benefit to humans, and they can also be disasters. Some of the chemicals do not cause a sudden illness, but some of them slowly and badly influence the accumulation of small amounts continuously in the body. Chemical management has the following characteristics. A scientific proof of the impact of a chemical is difficult to say "clear or certain": chemical management is a problem with uncertainty, chemicals are very diverse and subject to management, And that they should be managed at the same time and in a future perspective. The paradigm of chemical management is shifting from a hazard base to a risk base, and it is in Korea"s chemical management law system. In this study, as the starting point of the discussion, the question of whether the pursuit of safety according to the risk theory based on scientific uncertainty, such as the difference between the risk theory pursuing safety with the scientific uncertainty and the existing science, We have examined in detail the United States" Toxic Substances Control Act (TSCA), a pioneering role of the chemical substance law regime, and the "unreasonable risk", the central concept of risk assessment in this law. In particular, how "unreasonable risk" worked as a requirement for chemical regulation and what limitations it had, how the limit was overcome in the 2016 amendment, and what parts were still left as homework. This includes questions about "unreasonable risk" criteria, regulatory measures when it is deemed "unreasonable risk", legislative testing for toxicity testing Procedures, proof of responsibilities, and so on.