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Research Report

Legal research to strengthen the Scientific disaster management system against disaster environment change - Summary Report -
  • Issue Date 2012-12-31
  • Page 154
  • Price 8,000
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Ⅰ. Backgrounds
□ Under the changing conditions of disasters, natural disasters are sweeping across the world with unprecedented frequency and intensity, threatening the entire human race. Against this backdrop, natural disaster has become a global issue on the very survival of the human beings, going far beyond national and regional boundaries.
□ In order to prevent and mitigate the impacts of natural disasters under the changing conditions of disasters, there is an ongoing discussion, in the global scale, about establishing a scientific prevention system. Using the GIS(Geographical Information System), building a high-tech network system based on developing information technologies and a smart disaster warning system are case in point. Advanced countries in this field, namely the U.S., Japan, and other European countries are conducting a series of research on scientific disaster management systems as well.
□ Korea, to keep abreast with such trend, is making efforts to build a scientific disaster database that handles the entire disaster management process from prevention to reconstruction. In addition to that, some local governments have adopted some data management policies on IT-based vulnerability monitoring, effective post-disaster reaction, and swift warning and distribution system. However, due to the lack of continuous research program, professionals, and funds, establishing a scientific and efficient system is falling short of Korea’s expectations.
□ Therefore, Korea needs to come up with a scientific disaster management system that has more details and strengthened structures so as to prevent natural disasters in advance and to reduce concomitant impacts. Development of scientific disaster management technology, disaster information sharing systems and post disaster cooperation structure could be the keys to such a system.
□ Korea will be able to find a chance to get into the ranks of the developed countries by researching pre and post disaster management system and introducing a scientific disaster management model to the ongoing debate.
□ This research is designed to build a scientific prevention system that meets the specific needs of Korea by analyzing scientific management systems of some advanced countries.
□ In this context, the research will try to study policies and legal structures for a scientific and efficient disaster management system such as a network system for prevention that enables information sharing among local and national entities, and a smart warning system that swiftly detects occurrence of natural disasters such as floods, earthquakes and automatically distribute the information to the public.


Ⅱ. Contents
□ Needs for a Scientific Prevention System and the Current Situation
○ Under the changing conditions of disasters, frequency and intensity of natural disaster is increasing and its impacts are being globalized. Against this backdrop, there is an increasing need for a scientific and effective disaster management system and common efforts to combat the situation.
○ In order to implement the needs for scientific management and concerted effort, some advanced countries are making studies on this issue. However, Korea’s progress is not satisfactory.
□ Scientific Natural Disaster Management System in Major Advanced Countries
○ The United States
- For the U.S. legal structure, Disaster Relief Act of 1974, Stafford Act of 1988, Disaster Mitigation Act of 2000, Emergency Management Act of 2006, and the recent policy and disaster- related program of the Obama administration will be reviewed.
- For the current situations and prospects, research and development of policies and applicable technologies for establishing a disaster management system that makes use of a state-of-the-art information technology will be reviewed.
○ Europe
- For European legal structure, the Civil Contingency Act of the U.K. and guidelines for the act, loi Barnier of France and regulations on the laws for prevention and recovery of natural and technological disasters, and relevant laws and recent disaster programs will be reviewed.
- For the current situations and prospects, the progress of disaster management system building based on information technology that is designed to prevent natural disasters such as floods, heat waves, frosts, earthquakes and etc, and policies and laws for such a system will be reviewed.
○ Japan
- For Japanese legal structure, “Basic Prevention Plan” as a basic policy framework for prevention and Basic Prevention Act will be reviewed along with its disaster management structure, and the disaster-related policies and programs after the tragic earthquake 2011 in East Japan.
- For the current situations and prospects, science and technology development and research policy for natural disasters, especially for earthquake, and scientific natural disaster management system that makes use of high-tech information technology after the tragic catastrophe 2011 in East Japan will be reviewed.
□ Korea’s Natural Disaster Management System
○ Legal system for disaster management and scientific disaster management structure in policy
- The existing legal framework for disaster such as Framework Act on the Management of Disasters and Safety, Countermeasures against Natural Disasters Act, Countermeasures again Tsunami Disasters Act, and disaster management organizations along with scientific disaster management building progress will be reviewed.
○ Problems in the current legal system and policy
- The problems in the current legal system will be studies from the perspective of scientific disaster management - legal contents, disaster management structures, and policies to be reviewed.
○ Lessons from scientific natural disaster management system
- By reviewing disaster management policies and laws in advanced countries in this field such as the U.S., European countries, and Japan, the research will try to get a lesson to strengthen the structure for scientific disaster management.
□ Conclusions


Ⅲ. Expected Effects
□ By conducting a research on the mechanisms and legal frameworks of advanced countries’ disaster management system, this paper tries to come up with some materials that can be used to improve Korea’s disaster management legal framework and to build a foundation for theoretical development.
□ By conducting a research on the scientific natural disaster management system building that has been raised as a global issue, the paper tries to establish an advanced prevention policy so that Korea can make a progress to the ranks of the developed countries.
□ The paper tries to solve the structural problems in the existing legal framework such as Framework Act on the Management of Disasters and Safety, and Countermeasures against Natural Disasters Act and gives some suggestions for the policy development in Korea.