국가위기관리기본법(안) 제정 발전방안

Abstract

The National Crisis Management Fundamental Law, which was pursued in order to effect a swift coping mechanism to national crises in the wake of the 2010 sinking of the warship Cheonan, has been spinning its wheels three years since. If north Korea carries out localized provocations similar to its 2nd shelling of YeonPyung-Do, which governmental department should manage such a crisis under which legal basis? How should the Ministry of National Defense(MND), Ministry of Security & Public Administration(MOSPA), and other relevant Ministries, Agencies, and Local Governments respond? In the event of a national security crisis threatening the survival of the nation, the absence of an overarching parent law, a "National Crisis Management Fundamental Law", makes an organic and comprehensive national response difficult. The problem is that we poses neither a control tower that would prepare for a sequence of north Korean provocations, nor a comprehensive legal system that serves as a basic for such an organization. Therefore, this paper, agreeing with the necessity for enacting a National Crisis Management Fundamental Law, analyzes the current draft's shortcomings which include a fragmentation across governmental departments and conceptual redundancies. This paper focuses on resolving such shortcomings to enable an integrated legal system capable of effectively responding to complex crisis situations.