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Legal analysis and implications for the natural disasters compensation system in the United States

  • Public Land Law Review
  • Abbr : KPLLR
  • 2013, 61(), pp.107-136
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

나채준 1

1한국법제연구원

Accredited

ABSTRACT

Under the changing conditions of disaster including climate change, natural disasters such as earthquake and tsunami, floods and droughts, heat wave and heavy snow are everywhere and their frequency and intensity has grown substantially. Subsequent loss of human life, economic and material benefits is also increasing, making it a national issue beyond individual, regional level. Under the principle of welfare state, national or regional authorities are required to grant disaster relief for natural- disaster -incurred- damage and there are some implementations going on, however, they are not satisfactory due to insufficient amount of compensation and complicated administrative labyrinth. Therefore, it is required to complement relevant laws to make compensation and procedure more realistic. Natural disaster is a national issue beyond individual or regional level, and it requires a national approach to combat the situation. In particular, it is urgent to study the policy and legal framework of the U.S. that are suffering frequent natural disasters. In regard to the damage incurred by natural disasters, the Korean government is granting reconstruction relief for agricultural disasters in accordance with Framework Act on the Management of Disasters and Safety. In the mean time, there are laws in effect such as Act on the Prevention of and Countermeasures against Agricultural and Fisheries Disasters, Disaster Relief Act, Framework Act on Disaster Relief and Disaster Reconstruction Cost Support Criteria. However, many people point out the insufficiency of relief program claiming that it is unrealistic. From 2001 based on (old) crop disaster insurance law, the Korean government has been conducted the disaster insurance in limited extend in order to residents prepare increase disaster himselives. Storm and Flood Insurance Act enacted to compensation for damage caused as a result of agricultural and fishery disaster in a more realistic and efficient. and in 2012, Agricultural and fishery Accident Insurance Act was enacted. However, still have a lot of problems. Therefore, this paper tries to review the compensation system in the United States and presented its implications in order to improve the policies improvement and realization of the Accident Compensation

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