국민 안전권 보장을 위한 국가 및 지방자치단체의 역할 - 안전권의 공법적 논의구조를 중심으로 -

How to ensure the safety of the people is the most basic task and function of the state. Increasingly threatened with safety from an ever-increasing variety of risks, people's desire to live in a safe society is greater than ever, and the scope of safety as a national task is expanding. As the scope of safety has expanded as a national task, the discussion of safety has become important in public law. This is because public law is the norm to guarantee the freedom and rights of the people, and freedom is the basic premise of security. The right to security is not a fundamental right as stated in the Constitution. But the safety of the people is a prerequisite for the realization of human dignity and freedom. States should not engage in activities that undermine the safety of the people and should actively intervene in situations that threaten the safety of the people. However, since the state cannot grasp all the possibilities and possible situations that may infringe on the safety of the people, and cannot expect to intervene in advance to protect the safety of the people, the right to the safety of the people is realized primarily through legislative action. Legislators should be fully aware of the situation where their safety is threatened and take prescriptive (or institutional) responses. A differentiated approach to the causes of the risks and the objects of protection is required. Based on these legislations, the state and local governments must establish disaster and safety management systems and establish efficient systems and infrastructures to ensure the right to safety of the people. In addition, since the core of disaster management and safety management is to prevent and prevent occurrence of disasters, it is necessary to focus on preventive safety management. In this case, the government should recognize that it is the foremost local government in disaster management and take the primary role in local governments.