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A Study on the Safety Guarantee of Public Structures like Professional Baseball Park in the View of Public Law

  • Public Land Law Review
  • Abbr : KPLLR
  • 2009, 43(2), pp.525-564
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

김종천 1

1위덕대학교

Accredited

ABSTRACT

Professional baseball must be the popular sport which is loved by the public. It is natural for a crowd to fill ball parks after baseball season starts. If so, how about the safety of professional baseball Park that can accommodate many people? Accidents such as death from pressure can happen at narrow paths in a ball park and self safety diagnosis under a local autonomous entity has been conducted though many years have passed since most of the professional baseball parks were built. This unreliable safety supervision can threaten the lives and bodies of people. So the legal theory and the legal system should be prescribed to guarantee safety of the lives and bodies of people from risk or danger which can be caused by old ramshackle professional baseball parks. And to do that, the national safety protection obligation theory of the constitution should be systematized. Building Act, National Land Planning and Utilization Act, Installation Maintenance and Safety Control of Fire-Fighting Systems Act, Special Act on the Safety Control of Public Structures that belong to a field of the safety administrative law related to risk on the basis of the constitution should be radiated and then through the safety administrative law, the national safety protection obligation can be realized. For example, Building Act as a law to prevent in advance risk or danger of the lives and bodies of people caused by old ramshackle professional baseball parks provides safety supervision system such as construction permission, construction report, structure safety, fire prevention requisites, evacuation requisites, the others risk prevention requisites, building use recognition system. Both permission of development act in National Land Planning and Utilization Act and restriction of the purpose of use and form restriction requisites which belong to construction permission requisites can guarantee safety of the lives and bodies of people. Installation Maintenance and Safety Control of Fire-Fighting Systems Act legislates prescriptions related to fire inspection, consent of construction permission and fire. And in case of the existing professional baseball parks, safety supervision can be achieved through Special Act on the Safety Control of Public Structures. Therefore professional baseball parks cannot get close safety diagnosis because facilities like professional baseball parks under Special Act on the Safety Control of Public Structures conform to class 2 facility. They come under culture and assembly facilities more than 5,000㎡ by the same law Enforcement Decree Article 2 Clause 1 annex list, so safety diagnosis and repair works are provided to be done once a 6 months through 3 years. Accordingly, the provision that class 1 facilities which is 50,000㎡ can get close safety diagnosis under the same law Enforcement Decree Article 2 Clause 1 annex list should be revised or exceptionally the provision that outworn facilities like old ramshackle professional baseball parks can get the close safety diagnosis should be legislated. So revision of the law through Special Act on the Safety Control of Public Structures realize to guarantee safety of the lives and bodies of people from risk or danger caused by old ramshackle professional baseball parks.

Citation status

* References for papers published after 2022 are currently being built.