코로나바이러스감염증-19 방역 위반 관련 국가소송의 몇 가지 공법적 쟁점 검토

Abstract

As various measures have been taken by the State and local governments to block and prevent the spread of the infection of COVID-19, various lawsuits have been filed for violations of quarantine in this regard. This thesis focuses on categorizing the actually filed cases in the state litigation for violating matters related to the COVID-19 quarantine, and reviewing the issues from a public law perspective. The scope of ‘state litigation’ herein shall be determined by civil lawsuits in which the State or local government becomes the litigant. As a type of lawsuit in which the State is the plaintiff, the lawsuit seeking reimbursement or state compensation for violations of COVID-19 quarantine measures has a problem from the standpoint of the principle of the rule of law, as it is indirectly creating sanctions for administrative violations through civil lawsuits. Also, this lawsuit may violate the principle of proportionality and equality in that the amount of the claim is excessive. In the case of lawsuits in which the State or local government is the defendant, the following points can be controversial: the illegality of the violation of the State's obligation to take action against the outbreak of the COVID-19 mass infection, the violation of the principle of equality and proportionality due to selective collective restrictions or prohibitions, infringement on fundamental rights and illegality due to extensive epidemiological investigations and forced provision of location information. It is hoped that this study, through categorizing actual cases and reviewing them from a public law point of view, will serve as an opportunity to emphasize the role of public law in the social disaster situation of COVID-19 and contribute even a little to promoting follow-up studies.