안전 관련 법률의 제정 의의 및 실효적 입법 전략– 안전기본법 제정안을 중심으로 -

Currently, our Constitution does not directly prescribe the basic right for the sake of the security. However, it is reasonable to say that the basic right of the right for security or security can be admitted through various provisions in our Constitution. In particular, it is true that the state is given the duty or obligation to keep or secure the safety of people due to the fact that the legal significance of the basic rights can be acknowledged in the Constitution. Particularly, in the social contract theory, Hobbes, Locke and Roussau put an emphasis on the importance of the obligation of a state to have national security in control. Furthermore modern citizens and modern countries are obliged to guarantee the safety of the people as well. However, the discussion on safety in a state can be divided into external security and internal security. In other words, since external security is a matter directly related to national security, there is no much burden in setting the level or range of duty of the state. Nonetheless, because the concept of safety itself in the level of duty or obligation of a state for the safety is abstract and indefinite it is also difficult for us to define the concept of the safety right. At present, however, as we can consider the decision of the Constitutional Court only asking for a minimum level in accordance with the principle of prohibition of under-protection throughout the various constitutional cases. we are able to induce a meaningful level of the duty of a state for national security. In the end, it is important to discuss and debate over how to improve the current law in a sense that we need to enhance the duty of a state for national security through law. Currently, the National Assembly is interested in enacting Basic Law on Safety. In other words, taking the fact into consideration that the Congress intend to enact Basic Law on Safety, it is important to admit the importance of the Security Framework Act in the area of ​​safety because it ensures the duty level of national security or safety especially administrative branch’s duties throughout law. Of course, as it is necessary and important to promote more diverse discussion in order to accomplish the improvement of the safety level of a state we need to induce the cooperation of all national institutions such as the Constitutional Court and the administration as well as the National Assembly into this discussion. In the end, we are obliged to try avoid unconstitutionality of Basic Law on Safety on the based on the fact of the importance of the Law.