국가의 안전보장의무와 헌법상 안전권 실현방안 연구

Climate environmental change caused by environmental pollution and global warming appear as large-scale natural disaster, which threaten human safety and survival by destroying natural environment and artificial facilitie. In addition, Korea's rapid economic development and population growth in a short period of time lead to the expansion of the size and number of national industrial facilities and national living facilities, raising the possibility of risk. Since our constitutional provisions, which are the higher legal basis for safety-related law, do not have explicit regulations on safety right, the representative safety-related law, such as the Framework Act on Disaster and Safety Management, the Natural Disaster Countermeasure Act, the Occupational Safety and Health Act, the Serious Disaster Punishment Act, the Disaster Safety Industry Promotion Act, and the Framework Act on National Safety Education, are acting as legislative limitation. The management of disasters and disaster, which have increased significantly in recent years, requires systematic maintenance of the legal system in two aspects: proactive safety prevention and management and post-recovery and support. For proactive safety prevention and management, it is necessary to construct a system in which the best resources are put in at the national level in terms of defense to minimize disasters and disasters, but the reality is that it is impossible to unconditionally input large budget in term of national financial management. This paper aims to analyze the problems in the process of applying safety-related laws related to disasters and disaster management in Korean society and the institutional limitations for guaranteeing the safety of the people. Through this, it is intended to present the introduction and concreteness of constitutional safety right to achieve the effectiveness and efficiency of safety-related law and practical alternative to the nation's obligation to guarantee security for the people.