미국 통신재난 대응법제의 시사점

An implication on legislative system for countermeasure against emergent disaster of telecommunications in U.S.A.

As is commonly accepted, the failure of telecommunications infrastructure leads to preventable loss of life and damage to property, by causing delays and errors in emergency response and disaster relief efforts. In U.S.A, the focus on enabling disaster risk reduction exists in supporting state, local, and tribal governments nationally with efforts to prepare for the impacts of situation change that are occurring and expected to occur. On the basis of U.S. legislations, disaster and emergency has become to the subjects of management and recovery, with the Homeland Security Act defending against terrorist attacks and responding to large- scale emergencies rapidly emerging as top priorities for the government, which is conformable to the Stafford Act set as the statutory framework encouraging hazard mitigation measures to reduce losses from disasters. This thesis argues on establishment of disaster and safety management systems and concretization to prescribe matters necessary for the disaster prevention, preparedness, response, and recovery, and disaster and safety management, against emergent disaster of telecommunications. To preserve CI(Critical Infrastructure) correspondent to NRF(National Response Framework), each major broadcasting communications service provider shall establish a plan for the management of disasters in communications by ensuring the public benefit and public nature of communications in response to a new communications environment with analyzing the critical role of communications infrastructure in all of phases of disaster prevention and recovery. From the viewpoint of comparative analysing with U.S.A, the role of operation and structure related to DHS(U.S. Department of Homeland Security) is regulated as the core scheme provided by ｢Framework Act on the Management of Disasters and Safety｣ and ｢Framework Act on Broadcasting Communications Development｣ in Korea. Consequently speaking, the issues in this article is focused on the glocal(not only global but also local) consensus in compromise with normative and practical logic substantial to countermeasure against emergent disaster of telecommunications reflected on fire accident caused by Korea Telecom, which legislates the criteria founded by crosschecking upper two Framework Acts suggestive of from jurisprudential comparison in hyper-connected society.