재난관리에 대한 경찰책임의 한계에 관한 연구

Abstract

When a disaster such as a stampede, heavy rain, or typhoon occurs due to a mass gathering, the damage to people's lives, bodies, and property is enormous. In order to prevent such damage, police responsibility is very important. However, in order for the police to exercise police authority in the event of a disaster, there must be a risk. The police can exercise police power not only when there is a concrete danger, but also when there is an abstract danger. Also, even if there is only suspicion of danger, police authority can be invoked to check whether there is danger. However, since police power basically has the function of ordering and coercing the people, it must have a basis in law. The Police Officers' Duties Act stipulates that necessary measures may be taken when a dangerous situation occurs. However, under the Framework Act on Disaster and Safety Management, the police are merely an emergency relief support agency, not a disaster management agency or relief agency. As a result, there are bound to be limits to police disaster management. Therefore, in order to minimize the damage to the public from disasters, first, legal regulations must be established to enable the police to manage disasters. This is because disasters are a race against time, and the police are awake and active 24 hours a day, so they can take quick action. Second, preventive police activities should be strengthened. The police should be able to identify and prepare for the risk of disasters in advance through district headquarters, security situation rooms, and intelligence activities. Third, a new organization dedicated to disaster management should be established. Currently, the police are conducting disaster management in the Public Security Situation Room. However, the Public Security Situation Room lacks expertise in disasters. Therefore, it will be necessary to create a specialized organization dedicated to terrorism and disasters. Fourth, the disaster management system needs to be improved. Disaster preparedness and rescue by humans have limitations. Therefore, depending on the cause of the disaster, it will be necessary to systematically prepare blocking facilities, equipment, and ventilation. Fifth, it is necessary to establish an organic cooperation system among related organizations. In order to prevent damage through disaster management, close cooperation must be achieved between rescue agencies such as local authorities, police, and fire departments.