In the case that scientific(modern) technology is abused or disorders are made in its function, it has a great ripple effect on not partially but the world wide, not only the present but also the future generation. This influence is so extensive and exclusive that it is not confined to an individual or single community anymore. Rather it expands to a global matter. However, as this scientific (modern) technology, whose safety and hazard have not been proved yet for sure, has been utilized more often, the following risk that ordinary people should accept is being routinized.
Concerning this risk, fundamental questions has arose wether the existing social control systems, such as economic, legal and political structure, have responded to it properly or not. Specifically, if the scientific technology is something that we can never give up as the society is approaching post-modern society, letting technology grow rapidly, then a question is brought up that which role the law should carry out. Especially, criminal law which serves social protecting function is being required to change the understanding of its role and function. Risk criminal law theory argue that the nature of risk in modern society makes criminal law becoming the control tool for administrating insecurity, and risks become the major social force for shaping the standard and theory of criminal law.
Therefore, this report aims to explore how the risk inherent in energy technology, especially in nuclear power technology(creation and increase of risk resulted from nuclear power technology), could be restricted within a permissible level which ordinary people could accept(criminal control on risk).
Specifically, this report looks through issues about individually intended or mistaken behavior related to the use of nuclear power technology, problems arose from the closedness in speciality of nuclear power technology and national security and construction of comprehensive protecting system to lessen these potential risk upto a permissible level.

1. Current state of nuclear power generation accident and potential risk factors in Korea (Chapter 2)

The cause of nuclear power generation accident is mainly due to the social ills that spread widely in nuclear power industry, with looking trough the current state of nuclear power generation accident. This can actualize the risk inherent in nuclear technology. Almost all nations which have nuclear power plant, include Korea, should make their best effort to control the closedness of nuclear power industry and assure safety by guaranteeing transparency in their management.

2. The limit of burden of responsibility by conventional criminal law in the field of safety regulation of scientific technology (Chapter 3)

As risks become the major social force for shaping the standard and theory of criminal law, this kind of shaping usually takes public policy as intermediary, which then becomes the external parameter of the structure of criminal law system. Although the basic rule of criminal responsibility constitutes the root of modern criminal law, it is necessary to boycott the increasingly strong utilization attitude during modern criminal decision-making. This doen not mean that it is reasonable to stick to the rules. he risk regulations cover is different from the one that conventional criminal law has managed. Because of this difference, criminal law confronts to the difficulty of responsibility devolvement and collective accumulation of risk and distribution of responsibility matters are occurred. In addition, high level of vertical and horizontal labor distribution system regarding the risk management creates another responsibility distribution issue. Decisions which cause violations are sometimes formed by the community. In this case, problems on distribution of responsibility among members of that community appear. Corresponding to this, intention, negligence and burden of responsibility are revealed with complicated aspects.

3. Roles and functions of criminal law in the management of risk inherent in the scientific technology. And the overcome of issues on responsibility devolvement (Chapter 4)

Legislatively, it is unusual to 'directly' describe the technological infringements as the standard of possibility of punishment. Rather conditions for permission(인 허가), approval, designation or certification are proposed and if these conditions are not met then 2 followings are resulted. 1)Permission, approvals and others are not issued, and criminal prosecutions are made to those who practice without these permissions. 2)Those who violate corrective orders imposed on the facilities below standards by the safety regulatory agency are subject to criminal penalty. Through these measures, criminal law 'indirectly' manages and controls the risk inherent in the scientific technology.
In this stage, criminal law carries out risk management in phases. Primary risk management for the direct behaviorors, safety guarantee system as the secondary risk management to the primary risk management and the multi safety guarantee system should be constructed.
Also, additional types of crime come into the criminal law to make the proof of responsibility devolvement less strict. Most well-knowns are abstract endangering offense, nonfeasance, negligence and joint principal offender. These additional types could ease the application of criminal law by relaxing the proof of casual relationship or subjective elements of a crime, or charging the responsibility of entire result to even a person who just partially contributed to it.

4. A guarantee of certainty on internal security management system (chapter5)

In bar of damage occurrance related with a modern scientific technology, governmental effort, such as application of criminal law, is not enough so that the assailant's potential effort is required. For this, law-abiding control and monitering need to be activated. It is also necessary to systemize the inner part whistle-blowing, making regulations for preventing conflicts about profit necessary.
These institutional devices make it possible to control risks effectively by improving transparency of organization and promoting potential assailant's autonomous participation about risk management.

5. Criminal liability of national agency (Chapter 6)

An operator of nuclear power business cannot claim fault of others(an agency which regulates safety of nuclear), so it is fair to call for actions corresponding to its responsibility. However, when the operator never have the intention or negligence so that results cannot belong to it, behavior of the operator falls under defence of proper reaction by Article 20 of criminal law. Thus, permission and approval of national agency let the illegality of behavioror removed. In this phase, it is controversial wether responsibility of national agency begins when going beyond personal responsibility.
When it comes to liability of national agency, prosecution possibility of national agency, responsibility of members of national agency and responsibility of agency could be problematic. In this case, it can possible to charge the criminal penalty as well as civil liability of nation. Responsibility of member of national agency and responsibility of agency can be disputed.