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Study on the Steering Administration and Legislation for Control Water Disaster

  • Public Land Law Review
  • Abbr : KPLLR
  • 2018, 81(), pp.205-236
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : January 31, 2018
  • Accepted : February 24, 2018

Sung Bong Geun 1

1서경대학교

Accredited

ABSTRACT

We can not help but worry about why the administration and the legislation for control water disaster have failed. Why have we repeated failures, and what parts should we fix and correct so that steer and control it. I want to solve the problem from looking at the causes of doubts and failures for control of it. In order that our society is justified, at first we must be able to legally govern the administrative system, including administration plans, so that we can effectively control disasters including water disaster with social consciousness. And we revise the local autonomy laws and ordinances so that we can make cooperative control administration system between the state and local governments. Recent trends in administrative law to prepare for water disasters are using way of PPP, which means cooperation system between government and people, central and local governments, and the interaction between administrative agencies etc. In particular, Acceptance is recently being emphasized globally. This means that the viewpoint of the legitimacy of the administrative action is switched from the administrative government to the viewpoint of the other party or third party among citizens. This is called Acceptance. At second, we should groupe the legal systems in the relevant fields in a diverse manner, and coordinate the legal systems and improve so that we can steer and control it effectively. For this purpose, we should be away from the point of narrowly responding to the identification of specific areas for example architecture and disasters. In addition to improving the construction law, the land regulation law, the road law and the river law, we should combine them with the environmental law so that performe the steering administration of it effectively. At third, We should shifted legal paradigm for water disaster from the post-tratment to the preventive principle (Katastrophenvorsorgeprinzip). We should now introduce step-by-step regulation of risk, which is classified in detail in the Western legal system into our legal system to provide a step-by-step comparison between the potential risk (Risiko) and the probable risk (Gefahr). We shall enact this new law theory and legislation specifically in the disaster law, anti-corruption law, building law, environmental law, local autonomy law and so on. And we shall make the administration for water disaster accordingly to this new system. In order to prevent legislation, we shall revise the law from a comprehensive point of view rather than merely accessing the micro-level which cause duplicate authority, administrative redundancy, waste of budget, and maladjustment in the field. At last, furthermore, it is now necessary to make joint efforts of the international community. Therefore, we need to consider of international law and control and maintenance of domestic law. Of course, We shall also take care not to neglect post-treatment of catastrophe( Katastrophennachsorge) . We shall make legislative and executive efforts to prevent the recurrence of flood damage, to minimize the damage, to reduce the residual risk, as well as to repair the loss compensation, relief and insurance system. We shall apply the new administrative law system to the existing system for the prevention of water disaster and change it so that our society can be defined just through common efforts.

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