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KICJ Research Reports

Criminal Policy for Intectious Disease Control and Prevention 사진
Criminal Policy for Intectious Disease Control and Prevention
  • LanguageKorean
  • Authors Cheonhyun Lee
  • ISBN978-89-7366-208-1
  • Date October 01, 2015
  • Hit351

Abstract

Various infectious diseases that are emerging or re-emerging are posing a huge threat to humanity. MERS(Middle East Respiratory Syndrome) occurred in 2015 have caused not only great our life and property damage also enormous economic and social losses in nation and society. The effective criminal policy measures for Infectious Disease Control and Prevention were derived as fellows.

1. Excessive sanction provisions lose the effectiveness of its provision.
Conversely, so week sanction regulations are difficult to have the validity of its regulation. Therefore, impose of reasonable penalties for violations and proper balance between punishments are required

2. It is required to remedy the sanction provisions against commitment therapy and quarantine, and to compensate the relevant provisions for ensuring human rights of patients. And, Infectious Disease Control and Prevention Act(IDCPA) Article 41 and Article 42 need to be reestablished.

3. To ensure the validity of the sanction provisions, the sanctions should be limited to a reasonable extent.

4. Provisions for dead bodies by infectious disease should be regulated in IDCPA and the education provisions should be compensated.

5. Prevention of Acquired Immunodeficiency Syndrome Act (PAISA) and Tuberculosis Prevention Act (TPA) need to be integrated into IDCPA. Because PAISA and TPA that are enacted prior to about 30 years are able to arouse discrimination and prejudice about a particular infectious diseases.

6. Provisions related infectious diseases on the correctional facility inmates should be made in the Administration and Treatment of Correctional Institution Inmates Act (ATCIIA).

7. In order to avoid arbitrary management and to regulate rationally, it is necessary to adjust reasonably range of infectious diseases for entry ban.

8. The purpose of enforcement action and sanctions against them for infectious disease prevention and control is to prevent the spread of infectious diseases. Its objective should be purposed on building health systems and support systems for the treatment of patients.
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