공중보건법규상 대인적 강제수단의 문제점과 보완방안 : 행정상 강제수단과 적법절차원리를 중심으로

Abstract

Health is the most important element in the life of human beings. The prevention of illness such as infectious diseases that have influenced the majority of the population is indispensible for protecting people´s health. Therefore, certain compulsory actions are required to accomplish the administrative purpose of public health, but the individual rights are infringed by such means.

There are many articles and clauses in each public health regulation. In one hand, some regulations have no well-founded clauses on the infringement of individual rights, which is sometimes unavoidable to achieve the administrative purpose. On the other hand, even though some regulations have only compulsory provisions under a bias towards the administrative purpose, it often lacks the procedural due process.

Nowadays, since the interests in the infringement of individual freedom is growing unlike in the past, it is likely to make objections against such regulations with the lack of substantial and procedural clauses on the restriction of the individual right and freedom. Therefore, it is essential to examine the illegal aspects of each regulation and to revise or correct them