재산⋅시설물재난책임의 내용

Abstract

Today, the natural disaster in base on the rapid environment and the social disaster including the artificial disaster happen often in our society. According to the article 23 of Korea Constitution, the right of property of all citizens shall be guaranteed. Also the article 35 of Korea Constitution provides that the State shall endeavor to protect the environment. Then, article 1 of framework act on the management of disaster and safety prescribes that the purpose of this act is to establish a disaster and safety control system of the State and local governments. Besides, a few of other special acts regulate the facility’s and structure’s liability for disaster. This paper contain the concept and the cover of the property and the facility, the concept and kinds of the disaster, the content of the legal liability on the property and the facility for disaster, the complement disaster damage. Under the content of the legal liability on the property and the facility for disaster are explained the liability of structures, the liability in other acts concerning the liability of structures and the legal liability for disaster based on acts disaster related. The legal liability on framework act on the management of disaster and safety can the liability for the compensation that is the liability without fault because this liability rely on the legal duty. On the case of the compensation for disaster exists how to control the pay for damages. Competing problems of a few different right of claim also are provided concerning the compensation and the pay of damages. Here, in those problems about the competing of rights of claim have to be compatible those rights. By so doing, the complete compensation can be fulfilled. Therefore, our society need to put priority on the complete compensation. But between the compensation for disaster and the pay of damages need reciprocal arrangements.