감염병의 예방 및 관리를 위한 지방자치단체의 역할과 법정책적 과제

As the spread of Coronavirus Disease (COVID-19) continues, the role of local governments in the prevention and management of infectious diseases is becoming important. Local governments have shown results in responding to infectious diseases by actively implementing policies such as setting up drive-through or walking-through testing centers and establishing life treatment centers in their jurisdictions. However, it is difficult to say that local governments have sufficient authority to respond to infectious diseases in terms of current legislation and policy compared to the efforts of local governments. Although local governments have strengthened their ability to respond to infectious diseases in many areas since MERS, and the need for local governments to strengthen their authority to respond to infectious diseases is still recognized, many problems have not been solved in related law policies. In this study, from the viewpoint of legal policy, the legal principles for the division of authority between the central government and local governments and the theory of meta-governance were examined, and several issues were reviewed to strengthen local governments’ authority to respond to infectious diseases. The issues include distinguishing and specifying the authority of central and local governments, strengthening the authority to mobilize human resources necessary to respond to infectious diseases, expanding the authority of local governments for epidemiological investigation, and institutionalizing a coordination system involving local governments. For each issue, this study suggests revised article propositions on Temporary Duty Orders (Article 60-3), Fosterage of Personnel for Epidemiological Investigations (Article 18-3), Requirement for Presentation of Materials and Other Relevant Matters (Article 18-4), Request for Epidemiological Investigations (Article 18-2). It also proposes for a new article on a body of consultation involving local governments.