대재난(COVID-19)에 대한 공권력의 대응과 한계

Abstract

This article is an essay on the response and measures of public authority against mega-catastrophe(COVID-19). The concept of catastrophe was understood as acts of God and nature, but we can find it can be regarded as social vulnerability exposed by natural hazard. Through lessons from the 2015 MERS outbreak, we have identified new elements to consider for the catastrophe legislation and revised related laws. The role of local governments in the process of catastrophe governance is rising and the invocation of public authority for the health and safety of citizen by the heads of organizations are becoming routine in the current situation of COVID-19. We examined the police measures of the administrative authority in the process of responding to public power as a content of COVID-19 and catastrophe legislation, and the concerns about human rights security as its limitations through some cases in Korea and France. Given that a catastrophe legislation becomes a legal system in which a crisis or emergency situation becomes a normal state, an exceptional emergency can threaten the separation of power. Therefore, quarantine measures, epidemiological investigations, and the disclosure of personal movements for protection from COVID-19 are especially examined. We also reviewed the importance of harmonization between public sanitary security and requests for human rights guarantees for privacy and protection of personal information. It also questioned whether it was possible to review the principle of precaution for police measures through administrative orders from local governments. For comparative research, we examined some french injunction (Référé -Liberté) cases of administrative court(Conseil d’Etat) for mandatory mask-wearing measures and prohibition of gathering in public places.