우리나라 감염병 위기 대응 법제와 사회보장

Protection from infectious diseases during a crisis falls within the domain of social security. Narrowly defined social security law, which governs benefits provided by the state for health security through the prevention, testing, diagnosis, and treatment of infectious diseases, as well as income security during crises, is crucial. However, infectious disease crises may require restrictions on the rights and freedoms of many members of society who could potentially spread the disease. In such cases, a broader social security law approach becomes necessary. This study examines the key provisions of Korea's Infectious Disease Control and Prevention Act, which regulates the response system to infectious disease crises, along with decisions made by the Constitutional Court, the Supreme Court, and other courts at various levels. Protecting citizens’ rights to be safe from infectious diseases is only possible through the fulfillment of obligations by other citizens to protect the community from such diseases. Discussions on legislation aimed at protecting the public from the social risks posed by infectious diseases extend from the traditional discourse on health security systems. However, infectious diseases during crises present distinct social risks compared to ordinary diseases covered by health security, and this must be taken into account. Legal frameworks for responding to infectious disease crises inevitably include measures that restrict rights and freedoms and enforce compliance. Nonetheless, these frameworks are underpinned by the principles of social solidarity and community awareness, which are foundational to social security law. Given the unpredictable nature of infectious disease crises, further concrete research on legal frameworks for responding to such crises should be actively pursued in the field of social security law in the future.