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KMID : 0986720190270020113
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Korean Journal of Medicine and Law
2019 Volume.27 No. 2 p.113 ~ p.136
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Constitutional Analysis of Infectious Diseases Restricting Freedom of Occupation
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Kim Eun-Ill
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Abstract
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This study analyzes laws that define infectious diseases as a result of domestic laws restricting the choice and performance of individuals. Since infectious diseases are a social epidemic, they cause a number of social losses and problems, so the law stipulates restrictions on occupational activities, among other measures to prevent the spread of infectious diseases. Although these legal provisions are legitimate and legitimate for the public good, they have little impact on infectious patients, so we must look for ways to minimize harm and maximize public good. Therefore, it is reasonable to analyze the laws and regulations for each infectious disease in consideration of occupational characteristics and characteristics of infectious diseases. To this end, the constitutional court analyzes the degree of choice and performance of the profession by applying the ‘step theory' cited when interpreting the freedom of the profession. In addition, the sentence shall be determined in consideration of the characteristics of each infectious disease centering on the legal infectious disease prescribed in the law. Of course, considering both infectious diseases and various occupations, it may be impossible to classify each infectious disease as a restriction. However, for commonly known and socially-issued infectious diseases and statutory infectious diseases, the infringement of basic rights should be minimized by defining specific and minimized ‘infectious diseases' in domestic laws as comprehensive ‘infectious diseases'.
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KEYWORD
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occupation, freedom of occupational choice, stage theory, freedom of occupational performance, infectious disease
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