상주시 역학조사 거부 사건 판례 분석과 입법론적 시사점- 대법원 2022. 11. 17. 선고 2022도7290 판결

One of the reasons South Korean response was considered a success during the COVID-19 pandemic was the prompt and efficient execution of systematic epidemiological investigations as mandated by the Infectious Disease Control and Prevention Act. In a critical situation where the spread of infectious diseases is imminent, refusing or obstructing necessary epidemiological investigations can lead to widespread pandemic outbreaks, endangering the lives and health of many people, causing socioeconomic damage, and in severe cases, threatening national security. Therefore, a legal system that imposes sanctions, such as criminal penalties, for refusing or obstructing epidemiological investigations is necessary to ensure smooth epidemiological investigation processes. At the same time, it is crucial to minimize the anxiety and harm to individuals who are required to provide information, as well as the restrictions on their rights and freedoms, when they receive requests for information from investigators. Criminal penalties should also adhere to the fundamental principles of the rule of law. The judgments of the prosecution, the lower courts, the Supreme Court, and the Constitutional Court in the Sangju epidemiological investigation refusal case provide significant insights into developing this legal framework. Continuous and progressive discussions are needed to prepare for the potential recurrence of pandemic crises in the future.