causing controversy.20) Hate speeches toward the victims of the Itaewon crowd crush and
bereaved families were circulated both online and offline, by politicians and at opposing
rallies. There was also a case in which high school student, a survivor of the Itaewon crowd
crush suffering from trauma, took his own life on December 12. Even as early as 2023,
demands to punish the perpetrators, for the perpetrators to apologize, and to protect the right
to mourn the bereaved continue.
C) Duties of the State Under Disasters and Catastrophes
Article 3 of the Universal Declaration of Human Rights stipulates that “everyone has the
right to life and to liberty and security of person.” The right to security is not explicitly
stipulated in the Constitution, but it can be said to be an unwritten fundamental right.21)
Disasters and catastrophic situations pose a risk of infringing the various rights, including
the people's right to safety, human dignity and value, the right to life, privacy and freedom,
and the right to honor. Therefore, the duty of the State to protect the people's fundamental
rights in the event of a disaster or catastrophe is very special, and the Constitution guarantees
and stipulates the State’s duty to protect the people's fundamental human rights, such as
human dignity and the right to life, prevents disasters, and protects the people from the
dangers.
The European Court of Human Rights has made a decision to recognize the responsibility
of the State for the right to life and property rights of victims, stating that failure to take
measures to prevent foreseeable disasters or mitigate damage constitutes a violation of
human rights by the State.22) The United Nations General Assembly also adopted the 「Basic
Principles and Guidelines on the Right to Remedy and Reparation for Victims of Gross
Violations of International Human Rights Law and Serious Violations of International
Humanitarian Law」 (hereinafter referred to as the “Victims Bill of Rights”)23) to its specified
20) Media Today, Press Arbitration Commission, “Disclosure of the list of victims of the Itaewon crowd crush violates
fundamental rights,” Dec. 5, 2022.
21) Lee, Buha, A Constitutional Study on the Right to Life and Personal Safety, 2019.
22) Forced Migration Review (FMR), Disaster risk mitigation – why human rights matter, 2008. 10.
23) UN General Assembly. Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross
Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (A/RES/
60/147), 2006.
17