• Proceedings of the Korea Contents Association Conference
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• 2006.05a
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• pp.322-326
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• 2006

There are the road of the artificial government property and rivers of the natural government property in representative Public Facilities applied National Reimbursement Law. Art.5. Doctrine on Responsibility of Public Facilities. Recently damage of a people has frequently been occurring caused by the flood of rivers and the flood disaster, and a people tends to request national reimbursement regarded it not as a natural disaster but as a man-made disaster. Especially the flood repeatedly occurred by the flood of rivers and destructive of the embankment of rivers, and it is also occurring in repairing rivers. Therefore a nation have to take responsibility of compensation for damage because of defect of conservation of rivers, and pay attention to improving the facilities of conservation and at the same time expand the range of responsibility. Thus the range of this study limits the national reimbursement of conservation of rivers among National Reimbursement Law. Art.5. Compensation for Damages on Defect about an Establishment and Management of public Facilities. Within this range, the objection of this study is to seek controversial issues and solutions, which belong with national reimbursement responsibility about conservation of rivers, as every principle of law and precedent coming under natural government property about compensation for damages caused by defect of conservation of rivers is analyzed and examined.

• Korean Security Journal
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• no.61
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• pp.39-57
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• 2019

The executive authority of the Ministry of Public Administration and Security on the 'management of security of the government complexes' is not sufficiently secured only with the organization law, the Government Organization Act. It is needed to establish an administrative actions law, an individual law that sets detailed contents and limitations of the executive authority to be stipulated. The current regulation, Regulation on the Management of the Government Complexes which is a Presidential Decree, is a legal decree that lacks a legal basis. The decree does not match with the current constitutional framework and raises the issue of its legality. The regulation may have the characteristics as a public property management law so far as it stipulates such matters as supply and maintenance management for the complexes, acquisition and disposition of complexes, facilities management of complexes, etc. However, the regulation includes high authority actions by an administrative organization, such as facilities security and order maintenance including restriction and control of access. This makes the regulation have the characteristics of a public property policy act as well. To supplement the legal framework for this situation, it is needed to level up some of the provisions relating to protection and security management to the level of an act as they stipulate high authority actions by an administrative organization. Other matters in the Regulation on the Management of the Government Complexes such as provisions relating to supply and allocation of complexes, etc. may be maintained as they are. In addition, the protection officers (general service official) does not own legal authority and have limitations on securing the capability to deal with the situations on implementing the on-site protection duty. Therefore, it is needed for the protection officers to secure protection duty-related authority by stipulating in a law. The main contents of the law on the protection and security of the government complexes may be those matters providing reservations on the implementations of laws. These may include the limitation of rights of and charging obligations on the people such as restricting the actions of personnel in the complex, rights and obligations of protection personnels relating to their duties, use of weapons, training of protection personnel, penal provisions, etc. These legal reservations should be included in an individual act.