재난 및 안전관리 기본법에 관한 개선방안 연구, 재난 정의 및 관리대응 중심으로

Abstract

The spread of the Coronavirus disease(COVID-19, 2020) is rapidly expanding all over the globe at an alarming rate and severity, not only in South Korea. Since the virus is transmitted through various ways, it is proven that the disaster is not limited in just one country. As the outbreak of disasters is globally diversified and enlarged, the South Korean government takes the mandatory actions against the COVID-19 pandemic. However, there are limits to how the pandemic can be prevented. The Constitution of the Republic of Korea states that the nation should ensure the safety of the people. As dictated in ‘The Framework Act on The Management of Disasters and Safety’, ‘The Countermeasures against Natural Disasters Act’ prescribes the definition of disasters and the purpose of the law. If this definition is not clearly stated, it can possibly cause many complaints and controversy regarding the follow-up actions of the disasters, the concerns of accountability and compensation and furthermore, it will lead to a greater administrative and national discomfort. This study aims to review whether the concept of disasters, classifying natural disasters and social accidents, needs to be redefined based on the perspective of different types of disasters as prescribed by Article 3 of the Framework Act on The Management of Disasters and Safety. In addition, Article 66(3) states the support of compensation or subsidy for the livelihood of victims by disasters and Article 60 states conditions in declaration of special disaster areas to enhance the Framework Act on The Management of Disasters and Safety.