• Title/Summary/Keyword: Quarantine Law

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A Study on the Improvement of Quarantine Act for Effective Quarantine System (효과적 검역체계를 위한 검역법 개선방안)

  • Lee, Yoon Hyeon;Kim, Myeong Seong;Lee, Jinhong
    • Health Policy and Management
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    • v.28 no.3
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    • pp.301-307
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    • 2018
  • The development of transport is being easily shared with people all over the world. It is necessary to appropriately and effectively revise the domestic quarantine law because the fatal infectious diseases are at risk of being easily shared. Today, Korea has an advanced quarantine system approved by World Health Organization, but it maintains partnerships with related ministries (Ministry of Foreign Affairs, Ministry of Justice, local medical institutions) and to introduce new medical technology (electronic quarantine) is important. And since the prevention of quarantine infectious diseases and prevention of the spread, in order to maintain international cooperation with the International Health Regulations, the quarantine law and the system should be amended and improved effectively and it is also a way to prepare for the outbreak of new quarantine infectious diseases. In the past, Korea has experienced great confusion during the past outbreak of swine flu and Middle East respiratory syndrome coronavirus. To prevent similar cases from recurring in the past, the revision of the quarantine law and the improvement of the system should be done to cope with the changing environment (new infections, increased number of overseas travelers, etc.).

Legal Issues in Quarantine and Isolation for Control of Emerging Infectious Diseases (신종감염병 관리를 위한 격리조치의 법적 측면)

  • Kim, Cheonsoo
    • Journal of Preventive Medicine and Public Health
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    • v.49 no.1
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    • pp.1-17
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    • 2016
  • The Middle East respiratory syndrome coronavirus (MERS-CoV) outbreak in South Korea in 2015 has drawn public attention regarding the legal regulation of infectious disease control in Korea. This paper discusses the interpretive and legislative concerns regarding the Infectious Disease Prevention and Control Act, its ordinance and enforcement regulations, as well as public statements from the relevant administrative agency. Future improvements are also proposed.

A Brief Study on Isolation Meaurse caused by Infectious Disease (감염병으로 인한 격리조치에 관한 소고)

  • Park, Jeong-Il
    • The Korean Society of Law and Medicine
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    • v.16 no.1
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    • pp.289-312
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    • 2015
  • The propagation of Infectious Diseases is very dreadful. It is not easy to detect through whom and where Infectious diseases start. Due to traffic development, these days, viral infectious diseases that weren't known in Korea in the past sometimes emerge in Korea, that is, probability to be propagated by certain viral infectious disease is getting bigger and bigger. The prevention of infectious diseases should be thoroughly blocked before they are introduced, nevertheless, when introduced, the government has a duty and responsibility to prevent them from spreading as soon as possible. There may be a terrible case that a certain infectious disease is spreading all over the world. Of course, in this case, cooperation between countries becomes more and more important than ever. But even in this situation, the nation's role should not decrease. Quarantine Law in Korea says that the government can take a quarantine measures to minimize the risk of infection. So the government can isolated questionable people with the risk of infection as well as people with the risk of infection. Quarantine or Isolation is a quite effective measures to prevent the viral infectious disease, however, it allows all subjects' right of freedom to be restricted. So, in any case that a infectious disease is spreading quickly, the probability for subjects to be isolated unreasonably or preposterously can probably happen. In this paper, I'll consider and discuss about the harmony between Public Health and Human Rights through quarantine or isolation.

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A Comparative Study of The Health laws in North Korea and South Korea. (남북한 보건의료관계법규 비교분석;보건의료자원 중 시설과 인력을 중심으로)

  • Kim, Joo-Hee
    • Journal of Korean Academy of Nursing Administration
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    • v.4 no.2
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    • pp.321-349
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    • 1998
  • Since 1990 the effort for unification has been active in each department of our society. But the study for health policy in Unified Korea has been scarce. Unified Korea should be a democracy and a constitutional state. So we should have lively discussion on the health law as well as unified general laws. The purpose of this study is to compare the health law of South Korea and North Korea and to understand the differences in them. We guess both Korea are considerably different each other. But this study found out that there are many health related laws that have same goals and contents. The reason for this is that both health laws have its root in Korea Law. And the right to health is the social basic right. whose characteristic can not be compatible with market economy and demands state intervention for securing the right to health. The health related laws are divided into 4 fileds. 1. There is a field A which is affected by unified political and economic system and differs little from the law system: the license system of medical personnel. 2. There is a field B which is seldom affected by unified political and economic system and differs little from the law system: the right and duty of medical personnel. quarantine law. 3. There is a field C which is affected by unified political and economic system and differs greatly from the law system: health institution law(exclusive of quarantine law), the laws of medical personnel category, of research center(especially per-mission, registration and establishment). of the role of basic health in private and public area. 4. There is a field D which is seldom affected by unified political and economic system and differs greatly from the law system: health equipment law(the laws of drugs, of cosmetics and of medical instrument. of blood management). the laws of health knowledge. of cooperation in chinese medicine and western medicine. the health promotion law. the rules of first-aid. the law of separation of dispensary from medical practice. The laws which are seldom affected by political and economic system can be consolidated. which in turn can be revised and enacted before unification of Korea through the interchange between North Korea and South Korea and the support to North Korea health system.

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A Study on Personal Information Protection amid the COVID-19 Pandemic

  • Kim, Min Woo;Kim, Il Hwan;Kim, Jaehyoun;Ha, Oh Jeong;Chang, Jinsook;Park, Sangdon
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • v.16 no.12
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    • pp.4062-4080
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    • 2022
  • COVID-19, a highly infectious disease, has affected the globe tremendously since its outbreak during late 2019 in Wuhan, China. In order to respond to the pandemic, governments around the world introduced a variety of public health measures including contact-tracing, a method to identify individuals who may have come into contact with a confirmed COVID-19 patient, which usually leads to quarantine of certain individuals. Like many other governments, the South Korean health authorities adopted public health measures using latest data technologies. Key data technology-based quarantine measures include:(1) Electronic Entry Log; (2) Self-check App; and (3) COVID-19 Wristband, and heavily relied on individual's personal information for contact-tracing and self-isolation. In fact, during the early stages of the pandemic, South Korea's strategy proved to be highly effective in containing the spread of coronavirus while other countries suffered significantly from the surge of COVID-19 patients. However, while the South Korean COVID-19 policy was hailed as a success, it must be noted that the government achieved this by collecting and processing a wide range of personal information. In collecting and processing personal information, the data minimum principle - one of the widely recognized common data principles between different data protection laws - should be applied. Public health measures have no exceptions, and it is even more crucial when government activities are involved. In this study, we provide an analysis of how the governments around the world reacted to the COVID-19 pandemic and evaluate whether the South Korean government's digital quarantine measures ensured the protection of its citizen's right to privacy.

Development of an Integrated Quarantine System Using Thermographic Cameras (열화상 카메라를 이용한 통합 방역 시스템 개발)

  • Jung, Bum-Jin;Lee, Jung-Im;Seo, Gwang-Deok;Jeong, Kyung-Ok
    • Journal of the Korea Safety Management & Science
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    • v.24 no.1
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    • pp.31-38
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    • 2022
  • The most common symptoms of COVID-19 are high fever, cough, headache, and fever. These symptoms may vary from person to person, but checking for "fever" is the government's most basic measure. To confirm this, many facilities use thermographic cameras. Since the previously developed thermographic camera measures body temperature one by one, it takes a lot of time to measure body temperature in places where many people enter and exit, such as multi-use facilities. In order to prevent malfunctions and errors and to prevent sensitive personal information collection, this research team attempted to develop a facial recognition thermographic camera. The purpose of this study is to compensate for the shortcomings of existing thermographic cameras with disaster safety IoT integrated solution products and to provide quarantine systems using advanced facial recognition technologies. In addition, the captured image information should be protected as personal sensitive information, and a recent leak to China occurred. In order to prevent another case of personal information leakage, it is urgent to develop a thermographic camera that reflects this part. The thermal imaging camera system based on facial recognition technology developed in this study received two patents and one application as of January 2022. In the COVID-19 infectious disease disaster, 'quarantine' is an essential element that must be done at the preventive stage. Therefore, we hope that this development will be useful in the quarantine management field.

Introduced Plant Pathogenes and Plant Quarantine in Korea (침입병원균(侵入病原菌)과 식물검역(植物檢疫))

  • Park, Jong-Seong
    • Korean Journal of Agricultural Science
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    • v.3 no.1
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    • pp.121-134
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    • 1976
  • There are many evidences that vaiious plant pathogenes were introduced with imported plants and agricultural productsrfrom foreign countries and caused heavy losses of domestic economic plants, ever since the early twentieth century when our country began to trade plants and agricultural products with foreign countries. There are many ways that foreign plant pathogenes have been introduced into our country, but the main route is considered to be imported plants and agricultural products contaminated with plant pathogenes. Plant quarantine which prevent effectively introduction of plant pathogenes from abroad was practiced for the first time in our country in 1912, and that is relatively earlier activity in the history of plant quarantine of the world. Several plant pathogenes have been introduced into our country even after plant quarantine had been practiced. Particularly for about 15 years, from the 2nd World War to 1961 when the law of Plant Protection was enacted and practical works of plant quarantine was reoperated, Korean agriculture was opened to various foreign plant pathogenes as a lapse period of plant quarantine in our country. Introduced plant pathogenes are, for the most part, from Japan because of depending upon Japan in the foreign trade of plants and agricultural products of our country. As present plant quarantine is required more exactness and rapidness, reasonable organization of quarantine system including more trained quarantine specialists, modernized facilities and introduction of improved quarantine techniques are necessary. Reasonable organization and improvement of plant quarantine system are important not only for protection of korean agriculture to plant pathogenes possible to be introduced from foreing countries, but also for increasing and stabilization of export of plants and agricultural product of our country.

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Individual and collective responsibility to enhance regulatory compliance of the Three Rs

  • Choe, Byung In;Lee, Gwi Hyang
    • BMB Reports
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    • v.47 no.4
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    • pp.179-183
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    • 2014
  • Investigators planning to use animals in their research and the Institutional Animal Care and Use Committee (IACUC) members who review the research protocols must take personal responsibility for ensuring that they have the skills and knowledge to perform their duties, applying the Three Rs principles of Russell and Burch. The two Korean laws introduced in 2008 and 2009 regulating animal use for scientific purposes in line with the Three Rs principles have been revised a total of 11 times over the last 6 years. Both regulatory agencies, e.g., the Animal and Plant Quarantine Agency and the Ministry of Food and Drug Safety, provide regular training based on the legal requirements. Based on the amended Animal Welfare Act, the IACUC appointment framework has been upgraded: appointments are now for two-year terms and require a qualified training certificate issued by the Animal and Plant Quarantine Agency since 2012. The authors reviewed the current curricular programs and types of training conducted by the two governing agencies through Internet searches. Our Internet survey results suggest that: a) diversity should be provided in training curricula, based on the roles, backgrounds and needs of the individual trainees; b) proper and continued educational programs should be provided, based on trainees' experiences; and c) active encouragement by government authorities can improve the quality of training curricula.

The Implementation and limits of Involuntary Detention of the Tuberculosis Prevention Act (결핵예방법의 격리명령의 실행과 한계에 관하여)

  • Kim, Jang Han
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.55-84
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    • 2015
  • The tuberculosis is the infectious disease. Generally, the active tuberculosis patient can infect the 10 persons for one year within the daily activities like casual conversation and singing together. The infectivity of tuberculosis can continue for a life time, and infected persons can remain at risk for developing active tuberculosis. To control this contagious disease, along with the active tuberculosis patients, non-infectious but non-compliant patients who can be infectious if their immune systems become impaired have to be managed. To control the non-complaint patients, medical treatment order should be combined with the public order. Because tuberculosis is the risk of community health, the human rights like liberty and freedom of movement can be restricted for public welfare under the article 37(2) of constitution. Even when such restriction is imposed, no essential aspect of the freedom or right shall be violated. The degree of restriction on the rights of citizens is different what methods are chosen to non-complaint patients. For example, under the directly observed therapy program, the patients and medical staffs make an appointment and meet to confirm the drug intakes according to the schedule, which is the medical treatment combined with the mildest public order. If the patients break the appointments or have the history of disobedient, the involuntary detention can obtain the legitimate cause. The Tuberculosis Prevention Act has the two step programs on this involuntary detention, The admission order (Article 15) is issued when the patients are infectious. The quarantine order (Artle 15-2) is issued when the patients are infectious and non-complaint. The legal criteria for involuntary detention are discussed and published through the international conventions and covenants. For example, World Health Organization had made guidance on human rights and involuntary detention for tuberculosis control. The restrictions should be carried out in accordance with the our law and in the legitimate objective of public interest. And the restriction should be based on scientific evidence and not imposed in an unreasonable or discriminatory manner. We define and adopt these international criteria under our constitution and legal system. Least restrictive alternative principle, proportionality principle and the individual evaluation methods are explained through the reviews of United States court decisions. Habeas Corpus Act is reviewed and adopted as the procedural due process to protect the patient rights as a citizen. Along with that, what conditions and facilities which are needed to performed quarantine order are discussed.

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Foreign Case Analysis and Implications for Risk Assessment of Industrial Insects (산업곤충 위해성 평가를 위한 국외사례 분석 및 시사점)

  • Yoo, Mi-Na;Jang, Ki-Jung;Hwang, Jung-Hoon;Park, Yong-Ha;Ro, Tae Ho
    • Journal of Environmental Policy
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    • v.13 no.4
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    • pp.135-159
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    • 2014
  • Industrial insect is defined as the insect utilized in industries that creates added value. Most of the industrial insects used in Korea are exotic species that are introduced through artificial means. Despite the rapid expansion of market for industrial insects, the system for risk assessment of industrial insects is not being adequately conducted. Although Korea carries out a risk assessment for the species designated as disease and insect pest by Animal and Plant Quarantine Agency, far too little consideration is being given to overall ecosystem, as the control system is covered in the Plant Quarantine Law. To solve this problem, we analyzed the Korean risk assessment system and looked at systems in other countries. The results show that it is essential for stakeholders to reach an agreement to set up fundamental directions for the system. Unless the integration system of taxonomical and ecological information is prepared, the ecological risk assessment should be conservative to protect ecosystems and should also follow the precautionary principle. It also requires cooperation among the ministries. In addition, the results indicated that a differentiation between risk assessment and screening is urgent. Several solutions such as setting up clear objectives in both assessment and screening stages, target species, steering organization and assessment criteria assessment systems from were proposed as practical institutional strategies. Among many foreign countries the assessment system from Ireland equally considers various factors such as economical, ecological safety and management aspects, It is also based on precautionary principle to fulfil its original purpose. It was suggested that the Ireland system would be the best reference that can be modified and applied into the Korean system by considering distinct characteristics of the industrial insects.

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