자연재해로 인한 분쟁의 해결에 관한 연구

Nature, as much as it grants us with invaluable benefits, it may also unforgivingly cause catastrophic calamity. In events of natural disasters, one must prioritize safety of him/herself and family, then implement appropriate measures to prevent the invasion of rights and wealth. In preparation for natural disasters, the constitutional law stipulates under Article 34 (6) that the nation must establish pre-emptive measures against the events of natural disasters and, with all due effort, protect its people against the threats caused. For the above, the government has established Framework Act on the Management of Disasters and Safety, Countermeasures against Natural Disasters Act, Countermeasures against Agricultural Calamity Act, Flood Disaster Protection Act and has controls over the River Act and Framework Act on National Territory in relation to natural disasters. As revealed from the recent experiences of the Kyungjoo and Pohang earthquakes, the Korean government severely lacks in ability to conduct effective countermeasures against natural disasters. In attempts to address the current problems, this article discusses effective and practical practice of law under calamitous situations caused by unanticipated natural disasters in contemplation of issues in judicial proceedings, contractual responsibilities, real estate issues, insurance issues and others surrounding people’s wealth.