• 한국사회정책
• /
• v.25 no.2
• /
• pp.367-402
• /
• 2018

This study analyzed the relationship between the act on the guarantee of rights of and support for persons with developmental disabilities(Act for PWDD) and the similar ordinance of the local governments based on this law and focused on the correspondence(the rate of reflection) and the autonomy(differentiation). As of October 2017, 63 local government regulations and Act for PWDD were analyzed in this study. The results of the analysis are as follows: First, the rate of reflection in the ordinance of Act for PWDD was different according to the clause. In the aspect of emphasizing welfare support, the agreement between local ordinance and rate was high. While the Act for PWDD emphasized the rights of persons with developmental disabilities, there was little information about their right in the ordinance of local governments. This is evidence that current ordinance is based on the protective point of view for people with developmental disabilities. In the future, policy measures will be needed to ensure that respect for decision-making by persons with developmental disabilities and rights guarantees are included in the bylaws. Second, there is a provision that the rate of ordinance reflection is 0%, which may be guaranteed by other laws in the area, so it does not mean the absence of related system in the region, but there is possibility of institutional blind spot. In the future, consideration should be given to the complementarity of other legal systems in the area with developmental disabilities, so that persons with developmental disabilities should not be placed in institutional blind spots. Third, the autonomy(differentiation) of local ordinance was examined from the contents aspect and the administrative aspect to help practical implementation. The differentiation between the ordinances vary. Emphasizing the responsibilities of the head of the organization, emphasizing the fact-finding survey, setting up the welfare committee, or adding local needs were included to the ordinance. Local governments considering the enactment of ordinances in the future should refer to these cases and establish enactable local ordinances that take advantage of the characteristics of local autonomy.

• The Korean Society of Law and Medicine
• /
• v.23 no.4
• /
• pp.29-74
• /
• 2022

As social disasters occur under the Disaster Management Act, which can damage the people's "life, body, and property" due to the rapid spread and spread of unexpected COVID-19 infectious diseases in 2020, information collected through inspection and reporting of infectious disease pathogens (Article 11), epidemiological investigation (Article 18), epidemiological investigation for vaccination (Article 29), artificial technology, and prevention policy Decision), (3) It was used as an important basis for decision-making in the context of an infectious disease crisis, such as promoting vaccination and understanding the current status of damage. In addition, medical policy decisions using infectious disease data contribute to quarantine policy decisions, information provision, drug development, and research technology development, and interest in the legal scope and limitations of using infectious disease data has increased worldwide. The use of infectious disease data can be classified for the purpose of spreading and blocking infectious diseases, prevention, management, and treatment of infectious diseases, and the use of information will be more widely made in the context of an infectious disease crisis. In particular, as the serious stage of the Disaster Management Act continues, the processing of personal identification information and sensitive information becomes an important issue. Information on "medical records, vaccination drugs, vaccination, underlying diseases, health rankings, long-term care recognition grades, pregnancy, etc." needs to be interpreted. In the case of "prevention, management, and treatment of infectious diseases", it is difficult to clearly define the concept of medical practicesThe types of actions are judged based on "legislative purposes, academic principles, expertise, and social norms," but the balance of legal interests should be based on the need for data use in quarantine policies and urgent judgment in public health crises. Specifically, the speed and degree of transmission of infectious diseases in a crisis, whether the purpose can be achieved without processing sensitive information, whether it unfairly violates the interests of third parties or information subjects, and the effectiveness of introducing quarantine policies through processing sensitive information can be used as major evaluation factors. On the other hand, the collection, provision, and use of infectious disease data for research purposes will be used through pseudonym processing under the Personal Information Protection Act, consent under the Bioethics Act and deliberation by the Institutional Bioethics Committee, and data provision deliberation committee. Therefore, the use of research purposes is recognized as long as procedural validity is secured as it is reviewed by the pseudonym processing and data review committee, the consent of the information subject, and the institutional bioethics review committee. However, the burden on research managers should be reduced by clarifying the pseudonymization or anonymization procedures, the introduction or consent procedures of the comprehensive consent system and the opt-out system should be clearly prepared, and the procedure for re-identifying or securing security that may arise from technological development should be clearly defined.