Journal of the Architectural Institute of Korea (대한건축학회논문집)

Architectural Institute of Korea (대한건축학회)
권호 표지
DOI QR코드

DOI QR Code

A Comparative Study on the Law and the System Related to a Temporary Housing in the Case of Disaster in Korea and Japan

한국과 일본의 재해 시 임시주거 관련 법제도 비교연구

  • 이상희 (제주대학교 대학원 생활환경복지학과) ;
  • 김봉애 (제주대학교 생활환경복지학과)
  • Received : 2020.12.26
  • Accepted : 2021.02.05
  • Published : 2021.02.28
⟨ Previous Next ⟩

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.

Keywords

References

  1. Pohang City Earthquake Countermeasure Bureau Housing Security Division, Provision of Temporary Housing facilities for victims of the Pohang Earthquake, 2018
  2. https://www.yna.co.kr, Retrieved July 01, 2020
  3. https://www.fukushihoken.metro.tokyo.lg.jp, Retrieved July 20, 2020
  4. http://www.tfd.metro.tokyo.lg.jp, Retrieved August10, 2020
  5. www.jma.go.jp/jma/kishou/minkan/wxad/.../2-2-2.pdf, Retrieved May 01, 2020
  6. Disaster Relief Act in Korea, Revised in 2018
  7. Ministry of Public Administration and Security, Guidelines for the Operation of Temporary Housing Use, 2018
  8. Ministry of Public Administration and Security, Guidelines for the Operation of Prefabricated Housing for Temporary Housing Use, 2018
  9. Framework Act on the Management of Disasters and Safety, Revised in 2020
  10. Building Act, Revised in 2020
  11. Basic Act on Disaster Management in Japan, Revised in 2016
  12. Disaster Relief Act in Japan, Revised in 2018
  13. Landscape Act in Japan, Revised in 2018
  14. Criteria for the Degree.Method, Duration, and Compensation of Actual Expenses by the Disaster Relief Act, Revised in 2018
  15. Measures Concerning Special Case on the Duration of Existence of Emergency Temporary Housing under the Building Standards Act, 2019
  16. Act Regarding Special Measures to Weigh the Preservation of Rights and Profits of the Victims of Specified Disasters, 2019
  17. Building Standards Act in Japan, Revised in 2020
  18. Yagi, E, & Kimura, T.(1997). An investigation to the problems of the disaster relief law, Institute of Social Safety Science, 7, 90-93.
  19. Moon, J., & Lee, S. (2006). A case study on the typology of temporary housing according to disasters, Journal of the Architectural Institute of Korea, 22(9), 141-149.
  20. Maki, N.(2010). Proposal for disaster management act in high seismicity decades all hazards, All disciplines and Response to Mega-Disaster, Journal of social safety science, 12, 71-80.
  21. Kim, M., Moon, H., Kim, H., & Kim, K. (2011). A Study on the residential planning factors for emergency shelter after disaster, Journal of the Architectural Institute of Korea, 27(6), 93-103.
  22. Takeda, H, Hayashi, H, & Sato, S(2011). Goals and prospects of the disaster countermeasures basic law, Disaster Reduction Management, 5, 15-28.
  23. Wtanabe, N.(2011). Current situation and tasks of the disaster-related legal system: Application to the Great East Japan Earthquake and the future, Norinchukin Research Institute Co. Ltd., Retrieved July 10, 2020 from http://www.nochuri.co.jp
  24. Wang, W., Soung, Y., & Lim, S. (2012). A research study on comparative analysis of architectural planning improvement on temporary housing of Korea and Japan, Journal of the Architectural Institute of Korea, 28(11), 29-38.
  25. Omizu, T.(2013). Demonstration emergency housing-from The Great East Japan Earthquake. 2nd- ed., Japan, Gakugei-shuppansha, 223-226.
  26. Unayama, T.(2013). The disaster relief act and temporary housing: evidence from The Great Hanshin-Awaji Earthquake, Journal of economics & business administration, 208(3), 105-118.
  27. Ikuta, O, Suto, T, & Ota, H.(2015). Study on the legislative policy research of disaster prevention legal system-Part 2, Policy Research Institute for Land, Infrastructure, Transport and Tourism, Retrieved May 10, 2020 from www.mlit.go.jp./pri/houkoku/gaiyou/pdf/kkk-2
  28. Song, H.(2015). Assessment on disaster-related legislation in gender perspective, Ewha journal of gender and law, 7(2), 147-170.
  29. Kim, S., & Kim, H. (2017). Comparative study on regulations of disaster transitional housing in Korea and Japan, Journal of the Korean Society of Hazard Mitigation, 7(3), 21-28.
  30. Jung, W., & Jung, J.(2018). Development process and improvement plan of disaster safety management law in Korea, Korean public administration history review, 43, 165-184. https://doi.org/10.15856/jakpah.2018..43.165
  31. Kim, M., Jang, E., Kim, E., & Choi, Y.(2018). Case analysis of the overseas planning guidelines to develop the domestic temporary shelter planning guideline, Journal of the Korean Institute of Interior Design, 27(6), 3-13. https://doi.org/10.14774/jkiid.2018.27.6.003
  32. Nishida, H.(2018). Recent trends and goals concerning basic act on disaster management: In preparation for frequent and intensifying disasters, Law and investigation, 404, 99-114.