재난관리행정주체로서의 지방자치단체의 법적 지위 - 재난 및 안전관리기본법상 지방자치단체의 역할과 그 강화방안을 중심으로 -

The disaster management administration can be defined as an administrative process, which explores policy alternatives and practices these alternatives, to protect people's lives and property from a variety of disasters and to overcome the damages from these disasters. Although the central government is a original and final subject to take responsibility for the disaster management administration, it is not a exclusive duty to protect people's lives and property from the various disasters. From this point of view, the disaster and safety management act as a basic act of a disaster and safety management law regulates the local governments as a administrative subject, which performs an local disaster management administration. The local governments as a short distance administrative subject establish a disaster prevention plan, which correspond to a natural and social character of the local, react a local disaster, restore a disaster damage and moreover perform a local disaster management. According to the disaster and safety management act, the authority and obligation of the local governments are categorized into a setting up and a management a disaster management organization, establishment a safety management plan, a disaster prevention, a disaster reaction, restoration a disaster damage. The local governments perform the local disaster management administration as an required affairs so long as there is no other regulations. Therefore the authority and obligation of the local governments concerning the local disaster management should be comprehended from the point of view that they perform the local disaster management administration on their own responsibility. In other words it means that it should be required a corresponsive legal system to make it possible for that the local governments perform the local disaster management administration realistic and independent. In order to strengthen the Role of the Local Governments in the Disaster management administration, it is necessary following measure: first, the scope of the local disaster management administration should be enlarged. second, a cooperation possibility of the local councils should be enlarged concerning the perform of the local disaster management administration by the executives. third a duty of natinal support about the local disaster prevent and so on should be strengthened. fourth the local authority of disaster management plan establishment should be strengthened, fifth the management ability of the local governments should be enhanced and reinforced by citizen participation and cooperation between the local governments.