• 한국재난정보학회 논문집
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• 제10권2호
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• pp.294-303
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• 2014

국가는 "헌법"에 따라 국민의 안전을 확보하고, 생명 신체에 대한 위험으로부터 국민을 보호할 의무가 있다. 우리나라와 같이 북한의 화생방전 공격의 위협이 있는 국가에서는 국가의 기본권 보호의무의 이행차원에서 국민의 생명 신체를 보호하기 위한 법제를 마련하여야 한다. 현행 법제를 검토한 결과 전시상태에서 적용되는 "통합방위법", "민방위기본법"등 전시관련법은 전시상황에서 발생하거나 발생할 우려가 있는 화생방위험으로부터 국민을 보호하기 위한 법제로 충분치 못하다. 그러므로 국가는 "화생방사태시 국민보호에 관한 법률"을 제정하여 전시 화생방위험으로부터 국민을 보호할 수 있는 체계를 구축하여야 한다. 이 논문은 이와 같은 결론을 도출하기 위하여, 전시사태에서 국민을 보호해야 하는 헌법상 국가의 보호의무의 이론적 논의, 화생방에 특수하게 국민보호조치가 필요한 이유와 이에 따른 입법적 정비방안의 방향 제시, "화생방사태시 국민보호에 관한 법률"의 다른 법률과의 관계와 이 법에 포함되어야 하는 사항을 정리하였다.

• 안보군사학연구
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• 통권5호
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• pp.1-45
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• 2007

Reserved forces of ROKA are in charge of replacement of TOE in the wartime and mission of rear area operation. But there is institutional inertia in the law and organization oriented to fill human resources rather than take mission. We need to prepare for the investment and arrangement of reserved forces as military power that would be replaced standing forces. In this portion, to reinforce reserve forces elite, First, efficient mobilization regulations and systems are suggested. I covered a maintenance of relevant mobilization ordinances which need to legislated and approved by national assembly for wartime and development of mobilization system which might lose the appropriate time for mobilization due to complicated declaration procedures and measures to overcome the panic at the initial stage of the war and organization and employment of nationwide transportation system and mobilization center. To ensure efficient resource management and mobilization of reserve forces with a number of approximately 3 million, there's a necessity of organization for integration and conciliation. To make it real, I suggested establishing and employing the mobilization center, on first phase, employ the mobilization center focusing on homeland divisions, on second phase, it is advisable to convert to national level mobilization system and develop to central mobilization center focusing on national emergency planning committee. During peacetime, in conjunction with Mobilization Cell, mobilization center can conduct resource survey and integrate and manage mobilization resources and take charge of mobilization training of subordinate units, and during wartime, in conjunction with mobilization coordination team and Cell, can ensure the execution of mobilization. Second, Future oriented reserve forces management system such as service system of reserve forces and support system of homeland defense operations. Current service and trainings of reserve forces by the year have very low connection, as it is very complex to manage the resources and trainings, and service and training lack the equity, re-establishment of service system is required. Also in an aspect of CSS and cultivation support for reserve forces, as the scope and limitation of responsibility between the armed forces and autonomous organization is obscure, conditions to conduct actual-fighting exercises are limited. Concentrated budgetting is extremely difficult because reserve forces training fields are scattered nationwide, and facilities and equipments are rapidly getting older. To improve all these, I suggest the organization of homeland defense battalion with a unit of "City-Gun-District" and supporting the local reserve forces. Conduct unit replacement or personal replacement for those who have finished their 1 or 2 years and homeland defense operation duty for those with 3-5 years for consistency and simplification. Third, I suggest Future oriented Reserved Training(FRT) and Training Center oriented training management to establish a reliable reserve training. Reserves carry out expansion of unit, conventional combat mission, homeland defense and logistics support during wartime, and actual-fighting exercise, and disaster relief, peace keeping activities. Despite diverse activities and roles, their training condition still stays definitely poor. For these reasons, Modernization of weapons and facilities through gradual replacement and procurement is essential to enhance mobilization support system.