@article{ART003380394},
author={임재현 and KIM JUN HO},
title={Constitutional Issues and Legislative Tasks of the Statutory Right to Safety - Focusing on the Framework Act on Life Safety -},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2026},
volume={14},
number={3},
pages={409-435}
TY - JOUR
AU - 임재현
AU - KIM JUN HO
TI - Constitutional Issues and Legislative Tasks of the Statutory Right to Safety - Focusing on the Framework Act on Life Safety -
JO - Legal Theory & Practice Review
PY - 2026
VL - 14
IS - 3
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 409
EP - 435
SN - 2288-1840
AB - The right to safety is not expressly stipulated as an independent fundamental right in the current Constitution of the Republic of Korea; it has been derived through the interpretation of several constitutional provisions. The Framework Act on Life Safety, promulgated on 2 June 2026, is the first to declare this right in statutory law. Yet a statutory declaration, made while the right's status as a constitutional fundamental right remains unsettled, does not in itself guarantee its formation as a subjective public right or its judicial remedy. This study examines the limits inherent in a statutory—rather than constitutional—declaration of the right to safety and the problems arising in its relationship with other statutes, and proposes staged legislative tasks to resolve them. The right to safety is reconstructed not as a single independent right but as an analytical category in which a defensive right, a right to state benefit, and a procedural right operate together in one and the same safety incident; absent any direct constitutional provision, its basis rests upon the interpretation of Article 10 and Article 37(1), the State's duty to protect fundamental rights, and the doctrines of the right to know and due process. A statutory declaration leaves five problems: competition with the Framework Act on the Management of Disasters and Safety without any rule on the order of application; a lack of effectiveness as an enforceable claim; the absence of organizational-law requirements for an independent investigative body; the delegation of matters essential to rights to subordinate legislation, contrary to the principle of parliamentary reservation; and vulnerability to amendment or repeal. On this basis, the study proposes, as sequential legislative tasks: (i) the separation of disaster management and safety management into distinct statutes; (ii) the transformation of the right to safety and victims' rights into enforceable claims; (iii) the substantiation of the independent investigative body through organizational law; and (iv) the express stipulation of the right to safety in the Constitution.
KW - Right to Safety;Framework Act on Life Safety;State's Duty to Protect Fundamental Rights;Systemic Justification (Systemgerechtigkeit);Constitutional Codification
DO -
UR -
ER -
임재현 and KIM JUN HO. (2026). Constitutional Issues and Legislative Tasks of the Statutory Right to Safety - Focusing on the Framework Act on Life Safety -. Legal Theory & Practice Review, 14(3), 409-435.
임재현 and KIM JUN HO. 2026, "Constitutional Issues and Legislative Tasks of the Statutory Right to Safety - Focusing on the Framework Act on Life Safety -", Legal Theory & Practice Review, vol.14, no.3 pp.409-435.
임재현, KIM JUN HO "Constitutional Issues and Legislative Tasks of the Statutory Right to Safety - Focusing on the Framework Act on Life Safety -" Legal Theory & Practice Review 14.3 pp.409-435 (2026) : 409.
임재현, KIM JUN HO. Constitutional Issues and Legislative Tasks of the Statutory Right to Safety - Focusing on the Framework Act on Life Safety -. 2026; 14(3), 409-435.
임재현 and KIM JUN HO. "Constitutional Issues and Legislative Tasks of the Statutory Right to Safety - Focusing on the Framework Act on Life Safety -" Legal Theory & Practice Review 14, no.3 (2026) : 409-435.
임재현; KIM JUN HO. Constitutional Issues and Legislative Tasks of the Statutory Right to Safety - Focusing on the Framework Act on Life Safety -. Legal Theory & Practice Review, 14(3), 409-435.
임재현; KIM JUN HO. Constitutional Issues and Legislative Tasks of the Statutory Right to Safety - Focusing on the Framework Act on Life Safety -. Legal Theory & Practice Review. 2026; 14(3) 409-435.
임재현, KIM JUN HO. Constitutional Issues and Legislative Tasks of the Statutory Right to Safety - Focusing on the Framework Act on Life Safety -. 2026; 14(3), 409-435.
임재현 and KIM JUN HO. "Constitutional Issues and Legislative Tasks of the Statutory Right to Safety - Focusing on the Framework Act on Life Safety -" Legal Theory & Practice Review 14, no.3 (2026) : 409-435.
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