A study of the legal issues on the installation of the base station

• Main Authors: Hsieh, Yu Min, 謝裕民
• Other Authors: 陳起行
• Format: Others
• Language: zh-TW
• Online Access: http://ndltd.ncl.edu.tw/handle/24686071616382942124

碩士 === 國立政治大學 === 法學院碩士在職專班 === 100 === The protests on the installation of the base station for mobile communications had been recorded way back in the year of 2000 in Taiwan’s history. Even the authority has changed from the Directorate-General of Telecommunications to the independent the National Communications Commission and after all these years, the protests remain frequently to be seen. The core of the problem lies in the sense of risk. Thus, if the administrative actions are only taken when the real danger rather than risk is plainly presented then the problem will never be solved. This study, at the beginning, challenges the electromagnetic exposure (EM) standard adopted by the mainstream and introduces some of the decisions made by a key person who was the chairman in charge of the standard before presents some scientific evidences that were considered as the non-mainstream's and rarely discussed. The EM standard is established under the weight-of-evidence approach by ICNIRP, that is to say, not all the evidences lead to that EM waves cause no bio-effect to human at all. Since that EM waves may be a probable danger, therefore, the differences of risk recognition become the predicament between people and the authority or the stakeholders when two sides communicate. People participation in the installation of the base station is part of the process of democracy. Due to the different locations of the resident, not all the people share the same risk. This study will introduce, by a scientific viewpoint , how to determine the legitimate people or the interested parties who substantially live under the so-called real threat which is hundred or thousand times or even higher than the averaged EM wave exposure around the station. The reason people are so helpless derives from that the right to know is suppressed by the authority and this thesis will try to unleash that suppression through the Freedom of Government Information Law. After people have the enough awareness, the victimhood is rather a clear-cut figure than just a perception. Based on the fact that the stakeholders are the producers of the EM pollution, even though what they produce do no physical harm to people by the present national standard, the fears they produce have caused the property decrease triggered by the mental panic. Contrast to the compensations from the similar precedents of the public hazards, the compensation caused by the base station is applicable.