백신 정책에 관한 헌법적‧윤리적 고찰: 면역여권부터 방역패스까지

After the COVID-19 pandemic, vaccines and anti-covid drugs have been developed as scientific solutions to overcome COVID-19. As a measure to encourage vaccination against COVID-19 and prevent the spread of infectious disease, the so-called ‘vaccine pass’, which is used as the proof of vaccination to enter and access various public facilities, has also been implemented. Vaccine passes has been implemented worldwide as part of preventive measures against COVID-19 because it could play a big role in increasing the vaccination rate. A vaccine pass can serve as a threshold to prevent the spread of infectious disease, and can play a role in maintaining public health by promoting vaccination. However, it has limitations in constitutional basic rights that unreasonably discriminate between vaccinated and non-vaccinated as well as uncertainty of vaccine effectiveness and potential risk to individual health. Therefore, while the basic rights must be thoroughly guaranteed in the implementation of the vaccine pass, the responsibility of the state to ensure safety for vaccination must be emphasized. Controversy is still ongoing concerning the protection of people who were vaccinated and then injured or died as a result of a serious adverse reaction due to the enforcement of the vaccine pass, but no clear causal relationship between vaccination and the outcome of the injury or death was recognized. if the vaccine pass is applied, people who are not vaccinated will be restricted from entering various facilities, so there is a problem of discrimination with those who have been vaccinated. The basic human rights problem related to the vaccine pass is the principle of equality, that is, the human rights of non-discrimination. In this study, it is reviewed that legitimacy requirements for protecting the constitutional basic rights are needed by examining the background of the emergence of the immunity passport, the ethical issues, and constitutional basic rights issues surrounding the vaccine pass and the state's responsibility to protect basic rights. It is suggested for keeping in mind that the vaccine pass method may limit fundamental rights, that securing national legitimacy by preparing a legislative basis through a legitimate agreement in the National Assembly should be a prerequisite for policy implementation.