The discussion on the right to safety has been ongoing for a long time, due to the Sewol Ferry incident in 2014, the need for safety rights began to come to the fore. Recently, as the people's safety concerns have deepened more than ever after experie...
The discussion on the right to safety has been ongoing for a long time, due to the Sewol Ferry incident in 2014, the need for safety rights began to come to the fore. Recently, as the people's safety concerns have deepened more than ever after experiencing the COVID-19 pandemic and the 10·29 disaster, the need for the right to safety is being demanded more strongly than ever. However, even in this situation, the part that specifically states the right to safety in the Constitution etc, is not revealed, this is weak compared to foreign legislation that stipulates the right to safety. Ulrich Beck once said in 2008 that Korea belongs to a deepened risk society, However, the right to safety is still not properly defined in Korea. Accordingly, this study reveals the necessity of the right to safety and at the same time seeks out what tasks to realize it, the main research purpose was to help the realization and establishment of the right to safety.
In order to highlight the need for the right to safety, this study presented the social contract theory, the basic principles of the Constitution, foreign legislative examples that stipulated the right to safety, and the risks of modern society. The thinkers who advocated the social contract theory held in common the position that the state should guarantee and protect the safety of the people, most of the core values that emerged as the social contract theory developed are also reflected in the current Constitution of the Republic of Korea. Therefore, the value of safety is important from a historical point of view, and the right to safety will be the same. It was also deduced that the right to safety can supplement the basic principles of the Constitution. Supplementing the democratic principle in that it helps to practice and maintain the true meaning of democracy for a long time, Supplementing the principle of the rule of law in that it has relevance to the key elements of the rule of law, Including the realization of individual freedom, this is because the welfare state principle can be supplemented in the sense that it has similar characteristics to the right to safety and that safety is more comprehensive than the category of the welfare state.
When examining foreign legislative cases that stipulated the right to safety, it was revealed that Korea's legal system is very insignificant in terms of the right to safety, in terms of the evolution of risk factors as modern society develops, it was concluded that the need for the right to safety is more demanded. In order to realize the right to safety according to this necessity, it is necessary to clearly define the terminology related to safety in Korean law first, in order to overcome the inclusiveness of the concept of safety itself, it seems that it will be necessary to categorize safety. In addition, the right to security must be specified as a basic right of the people through constitutional amendment, and the content, scope, and effect of the right to safety must be clearly specified through sub-laws.
And, since the safety vulnerable class is more likely to be exposed to risks than other classes, it seems that the right to safety should be realized in consideration of the relevant class. In order to realize the right to safety, the basic right to safety must be recognized, and above all, it is judged that a national consensus on safety must be formed. It seems that the probability of forming a national consensus is high, but a process of persuasion to the people who can express dissympathy will also be required. The most important way to improve the safety consciousness of the people and relieve safety insensitivity is to educate them on a daily basis. In this respect, public safety education should be an essential program. In a risk society in which not only natural disasters but also social disasters are becoming more frequent and larger, education and publicity to prepare for disasters and protect one's safety are essential measures.
Lastly, even if the right to safety is established, the possibility of misuse and abuse will exist. Therefore, it seems that the related discussion should be continued, it would be a good idea to consider making a public safety guideline and distributing it to the entire population.