'안전에 대한 권리'의 기본권성에 대한 국제인권법적 분석

The Right to Security of the Person as the Fundamental Rights in International Human Rights Law

In April 16, the ship "Seweol-ho" disaster has happened in Jindo Sea. In relation to this accident, in July 10, President Secretary Gichun Kim said, "The Blue House is not the control tower of the disaster." It is understood that the President Keunhye Park has not any responsibility of this disaster. It is the "Disaster and Safety Management Basic Law" (Basic Law) which regulates the disaster and safety management. Article 1 of this law focuses on "preservation of the land, and protection of life, body and property of the nation from various disasters." However, in many ways, the Basic Law has many limits to apply in this case. The right to security of the person is set forth under the Universal Declaration of Human Rights(UDHR) and the International Covenants on Human Rights(ICHR) with the right to life and liberty of the body. In the case of the Canada, these rights are protected by the Constitution. But the contrary, our Constitution has only the provision of the liberty in Article 12, paragraph 1: "All nations have the liberty of the body." Therefore, this paper analyzes the problem of the right to security of the person under our Constitution and the Basic Law on the basis of international human rights law. We emphasize that the security of the person have to be guaranteed as a fundamental rights under our Constitution.