국가위기관리법제 정비에 관한 헌법적 고찰

The government`s crisis management rages from the classic national security to management by all emergency factors that have an influence on a state and citizens today. The modern constitution has overcome the national emergency through the Emergency power of the constitution. But It is uncommon for a state to declare the Emergency power in oder to overcome the crisis because of its attribute of anti-constitutionalism and the change of the international politcs. In this changed circumstances it becomes more and more important for a country to act and overcome crisis wisely under the normal constitutional system. Individual legislation system to cope with the crisis has been criticized as inefficient. It also gives rise to the legal vacuum. It is necessary to enact the Fundamental Act on the national crisis management in order to improve these points and to respond properly and efficiently below the national crisis. It is necessary for this Fundamental Act on the national crisis management to define the concept of a national crisis based on the comprehensive crisis today, the basic principles to deal with national crisis, the introduction of integrated risk management system, functions and roles of the national crisis management agencies and the principle of cooperation for the crisis between state and local governments and the public.