안전권과 사회 안전에 관한 헌법적 연구

Abstract The safety of a nation and society is paramount. This is because the safety of a community means the safety of its members. However, safety cannot be maintained simply through caution; therefore, we must prepare for disasters and accidents. While national security is recognized as crucial for survival and security, and we prepare for and prepare for it, we also address societal safety through laws and systems. However, when disasters or accidents occur, unexpected human and material damage occurs. While Korea has suffered significant damage from natural disasters such as typhoons and floods during its economic development, there are also many cases of damage caused by negligence in safety. Representative examples include the Daegu subway accident and the Sampoong Department Store collapse in the past, and more recently, the Sewol ferry sinking, the Itaewon disaster, and the Muan Airport passenger plane crash. These major accidents resulted in significant casualties. Furthermore, many accidents have unknown causes, making safety a national priority. The importance of safety stems from the fact that disasters and accidents result in both human and material damage. Therefore, safety is a crucial issue for protecting the lives and property of citizens. Safety is already explicitly stated in the Constitution, the highest law of the nation. However, the Constitution only mentions safety, not the right to safety. Consequently, legal scholars continue to debate whether the right to safety can be considered a fundamental right of citizens. Since the Constitution explicitly mentions the safety of citizens, the demand for safety can be considered a fundamental right, a right enshrined in the Constitution. Specifically, Article 34, Paragraph 6 of the Constitution stipulates that the State shall endeavor to ensure the safety of citizens from danger by prescribing disaster prevention and the duty to protect citizens from such dangers. Accordingly, the State enacts and enforces laws primarily to protect citizens from disasters and calamities. Public safety cannot be guaranteed solely through a few laws. It is necessary to systematize and incorporate provisions for public safety into relevant laws in each field. However, the safety of citizens and communities cannot be guaranteed solely through laws and systems. Along with these efforts, strengthening safety awareness is even more crucial. Therefore, basic education and public awareness of safety from various hazards are also necessary.