Legal Issues in Quarantine and Isolation for Control of Emerging Infectious Diseases

Kim, Cheonsoo

Prior to the amendments in December 29, 2015, the medical institution had to deal with the loss that resulted from the first type of property quarantine measure, and this in fact acted as a barrier to the government’s exercise of authority. Consequently, recent amendments have established new regulations that require the government to compensate the institutions for the loss. Nevertheless, two additional amendments to the Infectious Disease Prevention Act are required to achieve greater effectiveness of infectious disease control. First, a compensation system for the sacrifice of private interests for the public interest must be developed. The compensation fund must be consolidated as a national subsidy, and the enforcement of the corresponding measure must also be consolidated under the authority of the central government, at least for the property quarantine measures. That is, in the comparison of the value of the two rights, which are the protection of the citizen’s individual rights and interests and the protection of the community, if the latter has superior ends, then it is subject to the regulation of infectious disease. The inevitable infringement on individual rights must therefore be approached in terms of national economic interests.