재난에 대응한 재난관련 법제 개선 방안

Abstract

In modern society, disasters occur in various forms and cause serious damage to the people and society. The causes of disasters are due to a number of causes that cannot be determined by any single one. Natural disasters occur from natural phenomena, but social disasters are caused by human activities. Disasters that have recently occurred in our society account for the majority of social disasters rather than natural disasters. These social disasters can be seen as stemming from human selfishness and irresponsibility. A society safe from disasters can be realized if prevention and preparation, which are efforts to block disasters before they occur, and response and recovery to actively cope with disasters are systematically established In order to prepare active prevention and countermeasures against disasters, the 「Basic Act on Disaster and Safety Management」 has been enacted and implemented. In order to proactively and actively respond to and manage disasters, the basic law is divided into disaster prevention, preparation, response, and recovery. This Act sets out the basic matters for disasters, and serves as a basic law and action law for disasters. Since the 「Framework Act on Disaster and Safety Management」 contains many functional features besides the Basic Law, it poses problems such as the complexity of the regulations and the consistency of the legal system. In order to secure the people's right to safety through effective response to disasters, it is necessary to improve the problems of the current legal system. Therefore, this study analyzed the problems of prevention, preparation, response, and recovery for disasters stipulated in Chapters 4 through 7 of the contents of the laws acting as the basic law on disasters, and suggested improvement plans. A law can realize its value as a law when it has the most clear, specific, and systematic consistency. In order to secure the people's right to safety from disasters through the achievement of the clarity of these laws, an improvement plan was proposed as a way to be faithful to the nature of the Basic Law.