삶의 질, 건강의 보호와 행정법학

Quality of Life depends not only on objective factors such as income level, but also on subjective well-being. So, its adequate definition is elusive. In this study, important issues in the area of food and drug law are investigated. In Korea, lots of new statutes and ordinances have been made to protect health-related quality of life, because of high income level and aging population. As a result, health-related quality of life, a new goal of administrative law, demands complementation and change of administrative law theories. Until recently, there have been about 50 different sorts of the special judicial police in Korea. As foods and medicinal herbs from abroad increase, we become much more exposed to harmful foods and drugs. The special judicial police has been also introduced, for the purpose of powerful enforcement of food and drug law. Manufacture and trade of foods and drugs are beyond the effective control of any one State, and they are regulated by various types of regulatory regimes. Since import of foods and drugs is increasing from foreign countries, regulatory standards and enforcement need to be made cooperatively to protect the health of Korean population. Global Administrative Law proponents insist that administrative law principles, rules, and mechanisms, particularly those relating to participation, transparency, accountability, and review, must also be applied to the trade of foods and drugs among several countries. Precautionary principle, provisional character of administrative acts, and modification possibility were researched for the purpose of the positive response of administrative law in the new regulatory environment. Special problems about making of Codex Alimentarius (Ex. Kimchi) and International Pharmacopoeia (Ex. medicinal herbs) were also analysed.