질병에 의한 재난과 공법적 대응

The spread of MERS-CoV in korea in the year 2015 can be qualified as a disaster. We can explain that the disaster can be regarded as social phenomena, especially, a social vulnerability caused by dysfunction of public sanitary governance and the lackadaisical attitudes and the absence of communications among public authorities. In this study, the reaction designed by legal system suppose unexpected emergent situation and the executive power is assigned to a vital role in emergencies. The korean governments(national or local) were faced into epidemic control chain, opening of informations, but all of these issues were failed and the causes and critics were analysed by precedents researches. The disaster responsibility caused by disease will be allocated public compensation system which alterate the traditional tort law system. The responsibility regime in disaster like the disease of infection can be focused on three topics. At first, we can make a question about institutional dysfunction responsible for public sanitary service resulted from legal governance system. Secondly, the limit of constitutionalism against the dispositions and measures of emergency adopted by national and local authorities. Finally, we also review the legal remedy system and the principle of solidarity of recompense. Because the compensation system by liability with fault is not resonable for the victims suffering from unexpected disaster caused by disease.