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@article{ART002502737},
author={Kim Yonghoon},
title={Significance of the Stipulation of the Right to Safety as Fundamental Rights in Constitutional Law - focusing on the Discussion in U.S.},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2019},
number={84},
pages={1-36},
doi={10.31839/DALR.2019.08.84.1}

TY - JOUR
AU - Kim Yonghoon
TI - Significance of the Stipulation of the Right to Safety as Fundamental Rights in Constitutional Law - focusing on the Discussion in U.S.
JO - DONG-A LAW REVIEW
PY - 2019
VL - null
IS - 84
PB - The Institute for Legal Studies Dong-A University
SP - 1
EP - 36
SN - 1225-3405
AB - Many accidents and disasters happened in our society are raising the overall concern about risk management and deepening its focus on more fundamental measures against risks. Actually our interest in safety has recently been growing by degree. Of course, it is reasonable to argue that the state is obliged to devote itself to the safety of its people. In other words, it is the obligation of a state to act for the sake of safety of the people. Thus, it is necessary and desirable to discuss the safety right in terms of the status and duty of a state in the advent of society filled with the risk. However, as a result of ambiguousness of the norm, “Safety”, there has been controversy over the fact whether it is possible to stipulate the right of the safety in the Constitution. In fact, it is true that there is no overall consensus on what the right to safety means in terms of safety protection, since the state apparently do not bear the burden to protect the safety belonging to people perfectly. However, considering the revised provisions of the Constitution submitted by the government, the constitutional provisions concerning the right to safety have a substantial importance and profound implication. Therefore, it is necessary to worry more concretely about what kind of benefits can be found provided that the basic right is prescribed in the Constitution. Namely, in case that the basic right of safety is not directly prescribed in the Constitution according to the previous discussion, it is difficult to obtain the implication of specification of the states’ obligation for the sake of protection of the safety right. For those reasons, in this paper tried to find out the historical implication of the basic right for the security or safety throughout the theoretical and practical discussion on the rights to safety, and for the more specific research, it will confer to the social contract theory by Hobbes, Locke and Roussau who argue that the original obligation of a state is the protection of people’s safety. In the case of the Constitution of the Republic of Korea, it is high time to discuss the overall contents of the basic right for the safety taking into consideration of the discussion. In short, this paper focused on the practical implications and the practical benefits of the provision of the right to safety in the Constitution based on the concerned debate. In conclusion, it is reasonable to say that the fundamental right, the so-called the right to safety actually enjoys the basic status, and through the provision of the right in the Constitution, it is possible to make the degree of states’ obligation to protect the right to safety. In short, it is desirable to stipulate the right safety in the Constitution for that reason.
KW - Safety;Security Rights;Human Rights;Constitutional Law;USA;Possession of Firearms
DO - 10.31839/DALR.2019.08.84.1
ER -

Kim Yonghoon. (2019). Significance of the Stipulation of the Right to Safety as Fundamental Rights in Constitutional Law - focusing on the Discussion in U.S.. DONG-A LAW REVIEW, 84, 1-36.

Kim Yonghoon. 2019, "Significance of the Stipulation of the Right to Safety as Fundamental Rights in Constitutional Law - focusing on the Discussion in U.S.", DONG-A LAW REVIEW, no.84, pp.1-36. Available from: doi:10.31839/DALR.2019.08.84.1

Kim Yonghoon "Significance of the Stipulation of the Right to Safety as Fundamental Rights in Constitutional Law - focusing on the Discussion in U.S." DONG-A LAW REVIEW 84 pp.1-36 (2019) : 1.

Kim Yonghoon. Significance of the Stipulation of the Right to Safety as Fundamental Rights in Constitutional Law - focusing on the Discussion in U.S.. 2019; 84 : 1-36. Available from: doi:10.31839/DALR.2019.08.84.1

Kim Yonghoon. "Significance of the Stipulation of the Right to Safety as Fundamental Rights in Constitutional Law - focusing on the Discussion in U.S." DONG-A LAW REVIEW no.84(2019) : 1-36.doi: 10.31839/DALR.2019.08.84.1

Kim Yonghoon. Significance of the Stipulation of the Right to Safety as Fundamental Rights in Constitutional Law - focusing on the Discussion in U.S.. DONG-A LAW REVIEW, 84, 1-36. doi: 10.31839/DALR.2019.08.84.1

Kim Yonghoon. Significance of the Stipulation of the Right to Safety as Fundamental Rights in Constitutional Law - focusing on the Discussion in U.S.. DONG-A LAW REVIEW. 2019; 84 1-36. doi: 10.31839/DALR.2019.08.84.1

Kim Yonghoon. Significance of the Stipulation of the Right to Safety as Fundamental Rights in Constitutional Law - focusing on the Discussion in U.S.. 2019; 84 : 1-36. Available from: doi:10.31839/DALR.2019.08.84.1

Kim Yonghoon. "Significance of the Stipulation of the Right to Safety as Fundamental Rights in Constitutional Law - focusing on the Discussion in U.S." DONG-A LAW REVIEW no.84(2019) : 1-36.doi: 10.31839/DALR.2019.08.84.1