위험·재난 및 안전 개념에 대한 법이론적 고찰

After the ‘Sewol-Ferry disaster’ of last year, the discussions about the concept of risk, disaster and safety have been made in a number of ways in our society. This is not an exception in law. In recent years, the legal argument about the risk, disaster and safety has been actively carried out. However, it is not always clear what the concept of risk, disaster and safety mean. In this context, this article is trying to analyse the concept of risk, disaster and safety from the legal theoretical perspective. First, this article handles the concept of disaster and safety very briefly (II) and then deals with the concept of risk in detail (III). Here, this article compares the concept of risk (Risiko) with that of danger (Gefahr) in order to show the meaning of risk more clearly. In particular, the author of this article relies on the risk theory of Ulrich Beck. According to the theory of Ulrich Beck, the traditional danger is basically individual and regional, while the risk is collective and global. Also, the danger is a very natural potential power, while the risk is a structural result of modern society. Furthermore, this article shows that the concept of risk is functionally differentiated in modern society (IV). It also points out that for that reason, the concept of safety is today not only functionally differentiated, but also at the same time reintegrated (V). In particular, the author criticizes the mixing between the concept of security and safety. Finally, this article presents very briefly how the legal system should respond to the functional differentiation and reintegration of the concept of safety in modern society (VI).