자연재난 대응 및 복구에 관한 법제도 연구 - 미국 자연재난 대응·복구 제도를 고찰하며 -

Abstract

In the event of a disaster in the United States, if it is determined that the disaster is beyond the ability of state and local governments to respond, the governor or chief local government officer conducts a Preliminary Damage Assessment(PDA). Federal, state, and local government officials conduct a Preliminary Damage Assessment(PDA) in disaster-affected areas to determine disaster recovery needs. Based on the results of the Preliminary Damage Assessment(PDA), the Governor requests federal disaster assistance through the Federal Emergency Management Agency(FEMA) regional offices. If the state, local, and Indian tribal governments exceed their ability to cope with disasters, the governor, local government chief, and Indian tribal chief may request the president to declare a disaster, proving that federal assistance is needed due to the severity of the disaster and the scale of the disaster damage. Accordingly, the president can declare a major disaster or emergency through comprehensive judgment. There are three types of disaster recovery support in federal disaster recovery: first, Public Assistance(PA), second, Individual Assistance(IA), and third, Hazard Mitigation Assistance (HMA). In general, Public Assistance(PA) or Individual Assistance(IA) is not provided when insurance coverage or other beneficiary programs are operated for disaster damage. As U.S. federal disaster support program, Hazard Mitigation measures are intended to reduce or eliminate long-term risks to people and property from natural disasters, and play a significant role in long-term disaster response plans. The U.S. federal government has established and operated a Disaster Relief Fund(DRF) that funds general disaster relief programs (response and relief activities following domestic emergencies and disasters). In general, at the request of the state, local, local, or Indian tribal governments, the president declares a disaster if an emergency exists or a major disaster occurs. Through this declaration of disaster, state, local, local, and Indian tribal governments can receive various disaster support programs, and many of these programs can be funded by the Disaster Relief Fund(DRF). In Korean law, the Central Disaster and Safety Countermeasure Headquarters is established to oversee and coordinate matters related to the response and recovery of large-scale disasters and to take necessary measures. There are certain limitations in disaster response and management centered on such national committees or countermeasures headquarters. As a fundamental alternative, it is desirable to establish and operate an independent disaster safety management office. In addition, it is necessary to enact the so-called ‘Act on Disaster Relief Fund’ to efficiently support and compensate for disasters by creating necessary resources for disaster prevention, disaster preparation, disaster response, and disaster recovery.