• The Korean Society of Law and Medicine
• /
• v.21 no.2
• /
• pp.105-162
• /
• 2020

In the pandemic of infectious disease, restrictions of individual liberty have been justified in the name of public health and public interest. In March 2020, the National Assembly of the Republic of Korea passed the revised bill of the 「Infectious Disease Control and Prevention Act.」 The revised bill newly established the legal basis for forced testing and disclosure of the information of confirmed cases, and also raised the penalties for violation of self-isolation and treatment refusal. This paper examines whether and how these individual liberty limiting clauses be justified, and if so on what ethical and philosophical grounds. The authors propose the theories of the philosophy of law related to the justifiability of liberty-limiting measures by the state and conceptualized the dual-aspect of applying the liberty-limiting principle to the infected patient. In COVID-19 pandemic crisis, the infected person became the 'Patient as Victim and Vector (PVV)' that posits itself on the overlapping area of 'harm to self' and 'harm to others.' In order to apply the liberty-limiting principle proposed by Joel Feinberg to a pandemic with uncertainties, it is necessary to extend the harm principle from 'harm' to 'risk'. Under the crisis with many uncertainties like COVID-19 pandemic, this shift from 'harm' to 'risk' justifies the state's preemptive limitation on individual liberty based on the precautionary principle. This, at the same time, raises concerns of overcriminalization, i.e., too much limitation of individual liberty without sufficient grounds. In this article, we aim to propose principles regarding how to balance between the precautionary principle for preemptive restrictions of liberty and the concerns of overcriminalization. Public health crisis such as the COVID-19 pandemic requires a population approach where the 'population' rather than an 'individual' works as a unit of analysis. We propose the second expansion of the harm principle to be applied to 'population' in order to deal with the public interest and public health. The new concept 'risk to population,' derived from the two arguments stated above, should be introduced to explain the public health crisis like COVID-19 pandemic. We theorize 'the extended harm principle' to include the 'risk to population' as a third liberty-limiting principle following 'harm to others' and 'harm to self.' Lastly, we examine whether the restriction of liberty of the revised 「Infectious Disease Control and Prevention Act」 can be justified under the extended harm principle. First, we conclude that forced isolation of the infected patient could be justified in a pandemic situation by satisfying the 'risk to the population.' Secondly, the forced examination of COVID-19 does not violate the extended harm principle either, based on the high infectivity of asymptomatic infected people to others. Thirdly, however, the provision of forced treatment can not be justified, not only under the traditional harm principle but also under the extended harm principle. Therefore it is necessary to include additional clauses in the provision in order to justify the punishment of treatment refusal even in a pandemic.

• The Journal of The Korea Institute of Intelligent Transport Systems
• /
• v.14 no.5
• /
• pp.13-22
• /
• 2015

These days, human behavior (human factor), the main cause of traffic accidents, has drawn more attention. Research on driving behavior based on DBQ(Driver Behavior Questionnaire), the analysis tool of driving behavior, has been conducted actively. In domestic previous studies, their analysis subjects were limited to researchers or military officials, and their analysis methods were based on factor analysis and regression analysis. Therefore, this study tries to find the factors of general drivers' driving behavior that influence risk driving, and to analyze their influential relationship. Regarding study scope, general drivers with driving career were asked to answer DBQ questionnaire, and 300 effective samples were analyzed. In addition, previous studies were investigated to draw the three measurable attributes of DBQ-'Lapse, Mistake, and Violation'-as main factors of traffic accidents, and structural equation model was applied to design risk driving behavior model. To identify the difference between risk driving groups, this study made use of multiple group analysis. The analysis came to the following results: First, according to the examination of the hypothesis that 'Lapse, Mistake, and Violation factors will influence risk driving behavior', all factors were found to be statistically significant. Regarding their level of influence on risk driving behavior, Violation was 0.464, Lapse 0.383, and Mistake 0.158, and thus Violation was analyzed to be the most influential. Secondly, according to the examination of the hypothesis that 'the influence of Lapse, Mistake, and Violation factors on risk driving behavior will be different by risk group', the influence of Lapse on risk driving behavior was found to be different by risk group. It is expected that the study results will be used as a fundamental program to introduce traffic accident prevention program and education that takes violation and lapse into consideration.

• The Journal of Bigdata
• /
• v.5 no.2
• /
• pp.53-67
• /
• 2020

This study employees a supervised learning prediction model to detect nonconformity in advance of processed food manufacturing and processing businesses. The study was conducted according to the standard procedure of machine learning, such as definition of objective function, data preprocessing and feature engineering and model selection and evaluation. The dependent variable was set as the number of supervised inspection detections over the past five years from 2014 to 2018, and the objective function was to maximize the probability of detecting the nonconforming companies. The data was preprocessed by reflecting not only basic attributes such as revenues, operating duration, number of employees, but also the inspections track records and extraneous climate data. After applying the feature variable extraction method, the machine learning algorithm was applied to the data by deriving the company's risk, item risk, environmental risk, and past violation history as feature variables that affect the determination of nonconformity. The f1-score of the decision tree, one of ensemble models, was much higher than those of other models. Based on the results of this study, it is expected that the official food control for food safety management will be enhanced and geared into the data-evidence based management as well as scientific administrative system.