도로점용 지역축제에서의 행위책임자와 상태책임자의 법적 문제

Abstract

In the case of incidents causing harm during a road-use festival, it is imperative to assign appropriate responsibility to the actor and state responsible party. However, given the likelihood of multiple actors and ambiguous circumstances in such festivals, determining the responsible parties can be challenging. Therefore, the primary approach to police responsibility should adhere to effective risk prevention principles, followed by the application of the principles of equitable burden sharing and proportionality. Moreover, considering the potential for significant harm to life, body, and property due to the gathering of a large number of participants in festivals, preventive measures for police-related hazards become paramount. Festival organizers are required to formulate a detailed safety management plan, including manpower deployment, and submit it to the relevant authorities at least three weeks before the festival, in accordance with Framewok Act on the Management of Disasters and Safety. Additionally, under the Security Services Industry Act, organizers must deploy security guards if the festival expects to attract more than 100 people. Failure to fulfill these obligations may render the event organizer unable to evade responsibility, whether in terms of act or state. In the absence of a designated organizer for a festival, although the responsibility of the police manager may be unclear, the enforcement of Article 66-11 of the Framewok Act on the Management of Disasters and Safety, effective from March 27, 2024, places the obligation on local government heads to proactively formulate safety management plans and take necessary measures. Consequently, if local government heads fail to fulfill these duties, they bear the responsibility. Thus, in road-use area festivals, not only the organizers but also the participants themselves have an obligation to prevent police risks. Specifically, in festivals with multiple participants, local government heads are obligated to establish safety management plans prior to the event. The police also have separate obligations under traffic laws and other relevant regulations for safety management. However, the current legal framework related to road-use festivals presents challenges in terms of its fragmented application and interpretation. There are also limitations in addressing specific details for risk prevention, response, and recovery at each stage based on the scale of the festival. Therefore, it is necessary to establish more specific legal obligations for each actor, including festival organizers, participants, central administrative authorities, local government heads, police, and fire departments, depending on the scale of the road-use festival and the associated hazards.