Title A Comparative Study on the Law and the System Related to a Temporary Housing in the Case of Disaster in Korea and Japan
Authors 이상희(Lee, Sang-Hee) ; 김봉애(Kim, Bong-Ae)
DOI https://doi.org/10.5659/JAIK.2021.37.2.55
Page pp.55-65
ISSN 2733-6247
Keywords disaster; temporary housing; the law and the system; guidelines; special laws; legal bind; legal supplement
Abstract The purpose of this study is to provide data for the modify of laws, systems and guidelines that are suitable with the reality of Korea by analyzing the laws and systems related to temporary housing in Korea and Japan. Literature reviews and interview surveys are conducted as research methods. According to the study, Korea has insufficient legal system for natural disasters other than Flood and Wind Damage, and focuses on restoration that brings them back to their pre-disaster state. Since Korea is a divided country, ‘Framework Ace on Civil Defense’, which prepares for wartime situations, is also applied to disaster rescue activities and restoration, and the law defines the basis for emergency alerts sent to individuals. Under the legal system, terms related to temporary housing are mixed, and guidelines are enacted and applied rather than subdividing laws or enacting special laws. In comparison, Japan systematically organizes laws according to the stage of response to disasters and types of natural disasters, and the terms are clearly distinguished in the legal system. Japan's legal system not only includes all Korean regulations, but also has specific clauses such as the establishment of facilities for the disaster victims. In addition, laws are subdivided or special laws are enacted and applied as needed. Accordingly, Korea needs to subdivide the disaster-related legal system or enact special laws in order to strengthen the legal bind. Also legal supplements are needed to prepare for a wide range of large-scale disasters, such as the legal system for the reconstruction of the disaster area, and clauses for the establishment of Facilities for people that are especially vulnerable in disaster situations within the temporary housing in disaster situations.