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

Kim, Cheonsoo

Second, regulations that specify police mobilization in exercising the authority to carry out quarantine measures must be established. In order to achieve effectiveness of the quarantine measures for infectious disease control, official compensation as well as strict regulations for enforcement of the measures is required; however, currently, excluding the third type of personal quarantine measure, there are no such regulations other than ex post facto sanctions (criminal punishment in the form of a fine) under the Infectious Disease Prevention Act or ex post facto imposition of responsibility for compensation for damages under general rule of tort law. Excluding the second type of property quarantine measure, regulations through which the authorities can request police mobilization as a preliminary method of enforcing action must be established. Such methods for enactment are necessary for elevation of the effectiveness of the quarantine measures.