No Responsibility for the Ministry of the Interior and Safety...? Special Investigation Unit Reviewing Disaster Safety Act and Government Organization Act

Legal Basis for Disaster Response by Ministry of Interior and Safety
Provisions Exist to Hold Responsible for the Disaster

The signboard of the Itaewon Accident Special Investigation Headquarters (Special Investigation Headquarters), investigating the inadequate response to the 'Itaewon tragedy,' is hung at the entrance of the Mapo Police Station in Mapo-gu, Seoul. [Image source=Yonhap News]

[Asia Economy Reporter Seongpil Cho] The Special Investigation Headquarters (Special Investigation Unit) of the National Police Agency, which is investigating the Itaewon disaster, stated that it will ascertain the facts regarding the responsibility of the Ministry of the Interior and Safety and then review the applicable legal principles. This is a position that has been repeatedly emphasized since the early stages of the investigation, stating that "the scope of the investigation will be gradually expanded in stages." However, as this stance has been repeated even two weeks after the investigation began, doubts about the will to investigate are growing.

According to a compilation of reports on the 15th, the laws that the Special Investigation Unit is examining regarding the Ministry of the Interior and Safety's responsibility for this disaster include the Disaster and Safety Management Act, the Government Organization Act, and the Regulations on the Affiliated Agencies of the Minister of the Interior and Safety. The Disaster and Safety Management Act contains the state's duties regarding disasters, as well as procedures for overall coordination and management of response and recovery from large-scale disasters, and prevention obligations. It also serves as a legal basis to examine whether the Ministry of the Interior and Safety neglected these duties, procedures, and obligations. The Government Organization Act and the Regulations on the Affiliated Agencies of the Minister of the Interior and Safety are laws to examine whether the Minister of the Interior and Safety has command and supervisory authority over the police and fire departments' situational measures.

As included in the complaint submitted by the Firefighters' Labor Union to the Special Investigation Unit the day before, the Disaster and Safety Management Act contains provisions that can hold the Ministry of the Interior and Safety responsible for this disaster. Article 4, Paragraph 1 of the Disaster and Safety Management Act stipulates that "the state and local governments have the duty to protect the lives, bodies, and property of the people from disasters and other accidents, must strive to prevent disasters and other accidents and reduce damage, and must establish and implement plans for prompt response and recovery of damages that have occurred." Furthermore, Article 6 of the same Act states that "the Minister of the Interior and Safety shall oversee and coordinate disaster and safety management tasks carried out by the state and local governments." Based on this, the Firefighters' Union filed a complaint against the Minister for professional negligence resulting in death and dereliction of duty.

Minister of the Interior and Safety Lee Sang-min is attending the plenary session of the Special Committee on Budget and Accounts for Non-Economic Sectors held at the National Assembly on the 15th. Photo by Yoon Dong-joo doso7@

However, in order to hold criminal responsibility based on these laws, fact-finding must be a prerequisite. It must be revealed that the Ministry of the Interior and Safety neglected its duties and obligations under the Disaster and Safety Management Act in relation to this disaster, or at least minimal circumstances must be uncovered to hold legal responsibility. The Special Investigation Unit is also known to hold this position. Professor Hyuncheol Moon of the Graduate School of Disaster and Safety Management at Soongsil University said, "Before holding the Ministry of the Interior and Safety responsible, the responsibility of local governments should be clarified first," adding, "It is necessary to examine whether the basic local governments, metropolitan governments, and the state, in that order, properly prepared in advance, took appropriate measures after the disaster occurred, and handled the situation."

There are also criticisms that the Government Organization Act and the Regulations on the Affiliated Agencies of the Minister of the Interior and Safety are weak grounds for holding responsibility. Article 7 of the Government Organization Act stipulates that the head of an administrative agency (the Minister of the Interior and Safety) oversees the affairs under their jurisdiction and commands and supervises affiliated public officials, but it also states that the head of the agency (the Commissioner of the National Police Agency and the Commissioner of the Fire Department) can be directly commanded regarding important policy establishment through the agency head. This means that command authority over disaster situations like this disaster is not explicitly stated. The Regulations on the Affiliated Agencies of the Minister of the Interior and Safety also limit approval authority to matters such as the establishment and modification of basic plans in the police and fire sectors, which require enactment or revision of laws.

This content was produced with the assistance of AI translation services.