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KMID : 1142820200040020039
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Bio, Ethics and Policy
2020 Volume.4 No. 2 p.39 ~ p.60
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Legal Issues Pertaining to the Triage of the COVID-19 Pandemic
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Huh Jung-Sik
Kim Ki-Young
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Abstract
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There is no specific set of rules for dealing with the overwhelming legal demands inflicted by the COVID-19 pandemic for the legal profession and the justice system. In response to such an unexpected situation, there have been discussions in the media that a legal standard for a more rational allocation of medical resources should be prepared. Academics and scholars in Europe, including Germany and Switzerland, are actively discussing the distribution of medical resources from both a legal and a medical perspective. Setting criteria a criterion for how to allocate human and material resources in a limited situation involves distributive justice, along with ethical and legal issues. This study on the distribution of medical resources in the COVID-19 crisis is not intended to make a final normative judgment that these standards must be consistent with the court rules or standards since doctors must also judge medical standards in the field. Ultimately, the paper discusses whether constitutional principles and standards are met in such a crisis, and based on these discussions, if the pandemic presents an opportunity to draw a social consensus.
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KEYWORD
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epidemic pandemic, patient selection criteria, distribution criteria, social value, priority of medical resources
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