COVID–19 유행병으로 야기된 의료행위·임상시험에서 몇 가지 형사법적적 쟁점

This paper deals with the question of to whom should be allocated medical resources, if a pandemic such as COVID-19 occurs. It also deals with, whether criminal and civil immunity of the physician or medical personnel is possible who make decisions on the allocation of treatment resources. It examines also the characteristics and problems that appeared in vaccine development and clinical trials. This paper also examines the need for consent of subjects in clinical trials and subjects to be vaccinated for vaccine development, as well as the content and procedure of information provided. In particular, it must be emphasized that, under the pretext of an emergency, the duty to explain clinical trial applicants, vaccine recipients, and potential victims of medical practice is showing a downward trend. To sum up, this article analyzes as follow; most countries are avoiding discussing to whom should be allocated medical resources when faced with shortage of medical resources in exceptional circumstances such as the COVID-19 pandemic. And the state leaves the final choice of the priority of treatment to medical personnel and medical facilities. Politicians try to avoid discussing the topic of medical immunity, because it would cause unnecessary debate and suspicion of bias. The author proposes that we should not leave triage decision on the doctors, who are threatened with their own lives in extreme situations, that we must prepare strict procedures and substantive standards based on national and social consensus. It is emphasized that the right to self-determination in the process of obtaining the consent of the volunteers for clinical trial or person waitung for vaccination should not be withdrawn. Above all, this article emphasizes, we are urging efforts to accept the lessons that the COVID-19 Pandemic has given humans and turn those lessons into practical discussions