A Study on the Legal Improvement for the Crisis Management of New-Infectious Diseases: Focused on the revision of the Act on the Prevention and Management of Infectious Diseases

Seon-Wook Kim,Seol A Kwon 위기관리 이론과 실천 2020 Journal of Safety and Crisis Management Vol.10 No.1

The MERS hit the South Korea served as a turning point in the crisis management response system on infectious diseases. In South Korea, about 80 kinds of legal infectious diseases are controlled under the “Infection Disease Control and Prevention Act.” This study examined improvement with an aim of managing crisis of new infectious diseases mainly focusing on prevention of infectious diseases. As part of establishing an effective and efficient crisis management system of infectious diseases, the Korea Centers for Disease Control and Prevention had established a complete control tower in well preparation for a possible outbreak. In terms of prevention and response, an article on punishment is revised such as the enactment of prevention act for new infectious diseases spread from foreign countries and disinfection. In terms of response and restoration, there is a capacity-building for crisis and communication in response to infectious diseases. New infectious diseases will continue to appear. In responding to the uncertain change, a government-wide crisis management system should be reinforced in an effort to prevent further incoming and transmission of new infectious diseases into the society.

국제법상 전염병의 통제에 관한 연구

박진아(PARK, Jina) 국제법평론회 2012 국제법평론 Vol.0 No.35

The effective control of infectious diseases such as Severe Acute Respiratory Syndrome (SARS) and Influenza A (H1N1) 2009 which threaten the health of entire human race is infeasible without international cooperation because of their peculiar characteristics. Therefore, it is imperative that international framework be constituted for the control of infectious diseases according to international law. For last 150 years, the international infectious disease control law has been primarily developed in the forms of 'soft law' whether it is labelled as treaty, recommendation, resolution or guideline. Since the establishment of WHO, WHO itself and the International Health Regulations (IHR) concluded under WHO Constitution have been the central roles to prevent and control infectious diseases. The IHR, the sole global normative order for infectious disease control, was first adopted in 1969, and was completely revised in 2005. The revision was necessary because the initial IHR (1969) only regulated short list of stipulated diseases, and accordingly could not effectively control re-emerging disease and new emerging diseases. Moreover, WHO's surveillance system was not effective to promote member states complying to IHR 1969. Consequently, IHR 1969 failed to achieve the its purpose and underwent full revision in 2005. The major changes of IHR are followings: i) the ground-breaking expansion of the scope of the IHR's disease application, ii) the reenforcement of WHO surveillance system by granting WHO the power to access and use non-official sources provided by non-governmental entities in addition to Sate Parties' notification, and also granting WHO the authority to declare the existence of public health emergencies of international concern (PHEIC) and to issue recommendation on health measures to be implemented by the Sate Parties, iii) the expansion of obligations on member states to develop minimum core surveillance and response capacities, iv) inclusion of human rights protection in their provisions. The issue of infectious disease has been regulated directly or indirectly under various areas of international law, e.g. international economic law, international human rights law, and international environmental law. First, in international economic law, the SPS agreement permits WTO States Parties to adopt or enforce measures to protect human, animal or plant life or health from infectious disease threat and the TRIPS agreement sets standards in the international rules governing patents, including medicines which are essential in preventing infectious diseases and treating disease. In addition, TBT agreement and GATS agreement are related to the infectious disease issue. Next human rights-based approach to public health measures contributes positively to the control of infectious diseases, and international human rights law plays the role of regulating infectious disease by restricting environmental degradation which may cause the spread of infectious diseases. Besides, other categories of international law related to infectious disease include International Humanitarian Law governing infectious disease issue during armed conflicts, international disaster relief, state responsibility and individual criminal responsibility caused from infectious disease. IHR 2005 was a significant improved previous rules and went a step ahead as the international norm to effectively respond to public health emergencies caused by infectious diseases, and norms of infectious disease control in other areas of international law have significantly improved. Nonetheless, difficulties in the implementation and compliance of the norms are pointed out and their main reasons are following: i) conflicts with national interests, ii) uncertainty of the norms and lack of will to comply, iii) the possibility of conflict between international law and national sovereignty, iv) the lack of ability to implement the norms.

고등학생의 감염병 관련 교육에 대한 인식 조사

한화정,심규철 한국생물교육학회 2022 생물교육 Vol.50 No.3

This study set out to investigate high school students' perceptions about the education related to infectious diseases. An inventory of high school students' perceptions about the education related to infectious diseases consisted of four areas including the understanding of infectious diseases, sources of information about infectious diseases, needs for education related to infectious diseases, and lesson methods for education related to infectious diseases. High school students had a slightly above-average level of perception that they had good knowledge of infectious diseases. They responded that the Internet of the sources of information about infectious diseases was used mostly. They perceived that the internet was the most useful for understanding infectious diseases. They did not believe that the education related to infectious diseases provided by their schools was enough, but they wanted to learn more about infectious diseases including their symptoms, spreading courses, causes, types, prevention methods, countermeasures, and the related occupations. Especially, they showed a greater need for learning about the causes and countermeasures than others of the education related to infectious diseases. They received the education related to infectious diseases in the expository instruction approach most in school and considered expository instructions as the most effective method of education related to infectious diseases in school. These findings imply that school education needs to promote its systematic and continuous management and expansion so that high school students can have access to opportunities to obtain academic and accurate information about infectious diseases, understand infectious diseases correctly, and learn about practical prevention and countermeasures effectively.

감염병환자 등 및 감염병의심자에 대한 정보수집 및 감염병환자의 정보공개와 개인정보 보호

김선량(Kim, Sun-Ryang) 한국언론법학회 2020 언론과 법 Vol.19 No.3

우리나라는 코로나19(Corona Virus Disease-19)의 확산을 막기 위해 감염병환자 등 및 감염병의심자에 대한 광범위한 개인정보를 수집하고 감염병환자의 이동경로 등 국민들이 감염병 예방을 위해 알아야 하는 정보를 일반에게 공개하는 방법을 시행하고 있다. 이러한 조치는 감염병환자를 선제적 적극적으로 찾아내 신속한 치료와 격리를 할 수 있다는 점에서 긍정적이지만, 감염병환자 등 및 감염병의심자에 대한 개인정보 자기결정권의 제한에 따른 침해가능성이 존재한다. 따라서 코로나19 확산이라는 재난상황에서 국민의 생명과 신체의 보호라는 우월적 가치와 함께 감염병환자 등 및 감염병의심자의 개인정보 자기결정권이 최대한 보장되는 조화로운 방식이 필요하다. 이러한 취지에서 ①최소한의 개인정보 수집과 공개, ②민감정보 및 고유식별 정보 구분, ③개인정보의 안전한 관리, ④적법절차원리(의견진술권 등 보장), ⑤제3의 기관에 의한 검증, ⑥감염병환자의 정보공개 범위에 대한 법률유보원칙, ⑦「개인정보 보호법」 제58조 규정의 위헌성에 대해 순차적으로 검토하였다. 무엇보다도 감염자환자 등 및 감염병의심자의 개인정보의 수집과 공개가 정당성을 갖는다고 하더라도, 그 이후에는 자신의 개인정보 처리에 대한 정보주체인 감염병환자 등의 의견진술권 등의 권리가 구체적으로 보장되어야 하고, 재난상황이 어느 정도 안정을 찾은 후에는 독립된 제3의 기관으로부터 개인정보의 수집 및 이용 등 그 처리에 대한 정당성의 검증이 필요하다고 본다. In Korea, our government is enforcing the measure of collecting personal information broadly from patients of infectious diseases, etc. and persons suspected of contracting infectious diseases and releasing the information that people must know to prevent the infectious disease, including infectious disease patient’s moving route, etc., to prevent the spread of Corona Virus Disease-19. This measure is positive in that it can locate infectious disease patients, etc proactively and aggressively and place them under quarantine and treat them promptly, but there is a possibility of infringement of the right to informational self-determination against the patients of infectious diseases, etc. and persons suspected of contracting infectious diseases. Therefore, it is necessary to have a harmonious way of combining maximum guarantee of the informational self-determination of the patients of infectious diseases, etc. and persons suspected of contracting infectious diseases with the superior value of protection of people’s life and body under disaster situation of the spread of corona-19. In this respect, this study conducted a sequential review of the followings: ①collection and disclosure of personal information to a minimum, ②classification of sensitive information and unique identification information, ③safe management of personal information, ④ procedural due process principle(guarantee of right of statement, etc.), ⑤verification by the third party agency, ⑥statutory reservation principle on the scope of the disclosure of information on the patients of infectious diseases and ⑦unconstitutionality of Act 58 「Personal Information Protection Act」 due to limitation of processing of personally identifiable information. Although the collection and disclosure of personal information of the patients of infectious diseases, etc. and persons suspected of contracting infectious diseases has legitimacy, the right of statement, etc. of the patients of infectious diseases, etc. i.e. principal of personal information must be guaranteed concretely and after the disaster situation becomes stabilized to some extent, the legitimacy of the collection and use, etc. of personal information by the independent third agency needs to be validified.

감염병 발생과 노인복지시설의 대응 현황 및 과제

유병선 ( Yoo Byung Sun ),정요한 ( Jung Yo Han ),정규형 ( Jeong Kyu Hyoung ) 한국장기요양학회 2021 장기요양연구 Vol.9 No.1

본 연구는 노인복지시설을 대상으로 감염병 발생에 따른 시설의 변화와 감염병 확산 방지를 위한 대응 현황, 현장에서의 문제점과 어려움, 그리고 향후 감염병 예방과 대응을 위해 필요한 정책 및 방안을 조사하는 데에 목적이 있다. 본 연구를 위한 조사 자료는 2020년 3월 30일부터 4월 8일까지 경기도의 각 노인복지시설별 협회의 협조 및 장기요양보험 사이트에 등록된 경기도 장기요양시설(노인요양시설, 주간보호시설)의 이메일 주소를 확인 한 후 설문조사를 실시하여 수집하였다. 회수된 조사 자료의 분석은 SPSS 20.0 Win. 패키지를 사용하였으며, 기초통계분석 및 교차분석(χ2)과 평균 비교분석(ANOVA)을 실시하였다. 연구결과는 다음과 같다. 첫째, 코로나바이러스감염증-19 발생에 따른 기관 종사자의 근로 조건의 변화는 적었으나 대부분의 기관 운영상황은 변화된 것으로 나타났다. 둘째, 종사자의 감염병 발생에 따른 생활시설 업무량은 과중된 것으로 나타났다. 셋째, 조사대상시설들은 감염병 확산을 방지하기 위한 기관매뉴얼을 보유하고, 다양한 감염병 확산 방지 정책을 실시하고 있었다. 넷째, 감염병 발생에 따른 어려움은 마스크 등 방역관련 물품 구입이 34.4%로 가장 높게 나타났다. 다섯째, 감염병 대응을 위한 정부 매뉴얼과 확진자·접촉자 등의 동선 공개는 적절하다는 평가가 나왔다. 마지막으로 감염병 확산 방지를 위해 가장 필요한 항목은 마스크, 소독약 등 감염예방 물품 구비로 나타났다. 이와 같은 연구결과를 바탕으로 향후 노인복지시설에서의 감염병 예방 및 대응을 위한 과제와 정책적 제언을 하였다. The purpose of this study is to investigate the changes in facilities for elderly welfare facilities and the current status of response to the spread of infectious diseases, problems and difficulties in the field, and policies and measures necessary to prevent and respond to infectious diseases in the future. The survey data for this study were collected from March 30 to April 8, 2020, from the cooperation of the associations of each elderly welfare facilities in Gyeonggi-do and checking the e-mail address of long-term care facilities registered on the ling-term care insurance site. The SPSS 20.0 Win. package was used for basic analysis and cross-analysis (χ2), and average comparison analysis(ANOVA). The results of the study are as follows. First, there was little change in the working conditions of institutional workers due to the occurrence of the Corona 19 Infectious Disease, but most of the institutions' operating conditions were changed. Second, according to the occurrence of infectious diseases of workers, the workload of living facilities was overwhelmed, while the utilization facilities were reduced and there was no difference. Third, facilities under investigation had institutional manuals to prevent the spread of infectious diseases and implemented various policies to prevent the spread of infectious diseases. Fourth, the difficulty associated with the occurrence of Corona 19 infectious disease was the highest, with the purchase of related items such as masks. Fifth, it was evaluated that the government policy according to the occurrence of corona19 infectious disease was appropriate to disclose the government manual. Lastly, the most necessary items for preventing the spread of infectious diseases were masks, disinfectants, and other items to prevent infection. Based on the research results, policy suggestions were made to prevent and prevent the spread of infectious diseases in the future..

Increasing trends in mortality and costs of infectious diseases in Korea: trends in mortality and costs of infectious diseases

백다혜,김병우,기모란 한국역학회 2022 Epidemiology and Health Vol.44 No.-

OBJECTIVES: In an era when the average life expectancy and overall mortality rate have improved, Korea remains at risk for infectious disease outbreaks that place substantial burdens on the healthcare system. This study investigated trends in mortality and the economic burden of infectious diseases. METHODS: Healthcare data from the Health Insurance Review and Assessment Service (2009-2019) and the Korean Statistics Information Service (1997-2019) were used. We selected 10 infectious disease groups (intestinal infections, tuberculosis, vaccinepreventable diseases, sepsis, viral hepatitis, HIV-related diseases, central nervous system infections, rheumatic heart diseases, respiratory tract infections, and arthropod-borne viral diseases). RESULTS: The age-standardized mortality rate for infectious diseases increased from 27.2 per 100,000 population in 1997 to 37.1 per 100,000 population in 2019 and has had an upward trend since 2004. During this same period, significant increases were seen in respiratory tract infections and among elderly persons, especially those aged ≥ 85 years. The costs for infectious diseases increased from 4.126 billion US dollar (USD) in 2009 to 6.612 billion USD in 2019, with respiratory tract infections accounting for 3.699 billion USD (69%). The annual cost per patient for visits for medical care due to infectious diseases increased from 131 USD in 2009 to 204 USD in 2019. CONCLUSIONS: Mortality among elderly persons and those with respiratory tract infections increased during the study period. The economic burden of infectious diseases has consistently increased, especially for respiratory tract infections. It is therefore essential to establish effective management policies that considers specific infectious diseases and patient groups.

The Effect of Acute Respiratory Disease Infectious Diseases on the Life Change of People with Developmental Disabilities and Their Families

김정현 국제문화기술진흥원 2024 International Journal of Advanced Culture Technolo Vol.12 No.1

Patients with acute respiratory diseases, such as Middle East Respiratory Syndrome (MERS) due to COVID-19, must wear masks, protective clothing, face shields, and gloves to prevent infection during treatment and performance. Even if it is applied to disabled people, families who protect them are severely mentally tired from severe physical fatigue and stress from exposure to high-risk infectious diseases. As such, the spread of infectious diseases such as respiratory diseases has not only caused difficulties in using existing welfare and medical services but also caused various problems throughout the daily life of disabled people due to the prolonged infectious disease, and its scope is gradually expanding. Therefore, it should not be overlooked that disabled people may experience various difficulties, from the spread of infectious diseases such as respiratory diseases to isolation, diagnosis, and treatment, and it is time to actively assess the life changes felt by families caring for disabled people and consider and research to provide adequate services. According to the survey of disabled people is being conducted in the context of the spread of infectious diseases such as respiratory diseases, while research on the spread of infectious diseases such as respiratory diseases is rare for parents with disabilities. There is a need for additional investigation into the characteristics in other areas of everyday life, including the health field, which is deteriorating through prior research. Therefore, through this survey, the purpose of this study is to investigate the life changes of parents with disabilities in the context of the spread of infectious diseases such as respiratory diseases and to compare and analyze them to find out how parents were affected by each type of disability. It will be used as evidence to identify more necessary needs and problems for parents with disabilities in the spread of infectious diseases such as respiratory diseases and to provide more appropriate health care and welfare services in the future.

간호대학생의 신종감염병환자 간호의도 예측요인

임정혜(Jung-Hye Lim) 학습자중심교과교육학회 2024 학습자중심교과교육연구 Vol.24 No.17

목적 본 연구는 간호대학생의 신종감염병환자 간호의도 예측요인을 파악하여, 간호대학생의 신종감염병환자 간호교육 방안 마련을 위해 시행되었다. 방법 본 연구에는 2023년도 10월에서 11월까지 간호대학에 재학중인 간호학과 3, 4학년 147명이 참여하였고, 온라인 플랫폼을 이용하여 자료를 수집하였다. 수집된 자료는 IBM SPSS 25.0 프로그램을 이용하여 기술통계, t-test, Pearson’s correlation, 위계적 회귀분석으로 분석하였다. 결과 간호대학생의 신종감염병환자 간호의도는 1.41점, 행위신념 0.95점, 통제신념 –0.35점, 행위에 대한 태도 1.72점, 지각된 행위통제 0.79점이었다. 신종감염병에 대한 인식은 3.66점이었고, 신종감염병에 대한 윤리의식은 4.29점이었으며 대상자의 특성에 따른 신종감염병환자 간호의도는 유의한 차이가 없었다. 간호대학생의 신종감염병환자 간호의도에 대한 유의한 예측요인은 행위에 대한 태도(β=.449, p<.001), 지각된 행위통제(β=.382, p<.001), 신종감염병에 대한 윤리의식(β=.154, p=.024)의 순으로 나타났고, 설명력은 61.3%이었다. 결론 간호대학생의 신종감염병환자 간호의도를 긍정적 방향으로 향상시키기 위해서는 신종감염병환자간호에 대한 태도와 지각된 행위통제를 강화시킬 수 있는 교육중재방안 마련이 필요하고, 또한 중재에는 신종감염병에 대한 윤리의식을 향상시킬 수 있는 내용이 포함되어야 하며, 이를 통해 간호대학생의 신종감염병환자 간호의도 향상에 기여할 수 있다. Objectives This study was conducted to identify the factors predicting the intention of nursing students to care for patients with emerging infectious diseases and to develop a plan for educating nursing students to care for patients with emerging infectious diseases. Methods In this study, 147 third- and fourth-year nursing students attending the College of Nursing participated from October to November 2023, and data were collected through an online platform. The collected data were analyzed using descriptive statistics, t-test, Pearson's correlation, and hierarchical regression analysis using the IBM SPSS 25.0 program. Results As a result of the study, The intention of nursing students to care for patients with emerging infectious diseases was 1.41 points, behavioral belief was 0.95 points, control belief was -0.35 points, attitude toward behavior was 1.72 points, and perceived behavioral control was 0.79 points. The perception of emerging infectious diseases was 3.66 points, and the ethical consciousness of emerging infectious diseases was 4.29 points, and there was no significant difference in the intention of nursing students to care for patients with emerging infectious diseases according to the characteristics of the subjects. The significant predictors of the intention of nursing students to care for patients with emerging infectious diseases were attitude toward behavior (β=.449, p<.001), perceived behavioral control (β=.382, p<.001), and ethical consciousness of emerging infectious diseases (β=.154, p=.024), and the explanatory power was 61.3%. Conclusions To improve the intention of nursing students to care for patients with emerging infectious diseases in a positive direction, interventions should be developed to strengthen attitudes and perceived behavioral control towards caring for patients with emerging infectious diseases, and also include content to improve ethical consciousness of emerging infectious diseases. This can contribute to improving the intention of nursing students to care for patients with emerging infectious diseases.

전염병관리 관련법령의 변화 추이분석 및 향후 개정방향에 관한 연구

황창용,오희철,이덕형,박기동,이종구,Whang, Chang-Yong,Ohrr, Hee-Choul,Lee, Duk-Hyoung,Park, Ki-Dong,Lee, Jong-Koo 대한예방의학회 1998 예방의학회지 Vol.31 No.3

This Study has been carried out to make a recommendation for the next amendment of the Infectious Disease Prevention Act with a specific focus on the kind of notifyable disease. Korean, Japanese, German, U.S, English and French acts on infectious diseases prevention were reviewed, compared with and analized in regards of numbers and kinds of notifyable infectious diseases and their tendency of amendments. An criteria was designed to assess the level of validity of diseases to be designated in the act. Four items, the fatality (greater than 10% or not), the possibility to make a big epidemic, the availability of efficient vaccination and the usefulness of isolation, are used in the assessment. This index is applied to the diseases in Korean and other countries' Infectious Disease Prevention Acts. Results are as follows: 1. The Korean Infectious Disease Preventon Act has a unique way of classifying the notifyable infectious disease, that is, the first, the second and the third class. But the author cannot find the basis of classification. No other countries reviewed have the similar classification. 2. The ten diseases, cholera, plague, yellow fever, diphtheria, typhoid fever, poliomyelitis, rabies, tetanus, malaria, and meningococcal meningitis are designated as the notifyable diseases not only in Korea but also in Japan, Germany, United States, England and france. 3. Thirty seven diseases including small pox, Lassa fever, anthrax, influenza, German measles, Legionellosis, infection with E. coli O157:H7, Q-fever, brucellosis, Lyme disease are designated as legal disease at least one of the above mentioned countries. 4. The Korea has been coped with the change of the infectious disease occurrence for last fifty years in amendment of the Infectious Disease Prevention Act. 5. Japan has a special infectious surveillance system composed of 3,880 clinics throughout the whole country. 6. Germany has classified infectious diseases in five categories which are based on seriousness of disease. Any confirmed death, cases and suspected cases in class I should be reported within 24 hours. But only confirmed death and cases in class II, but not suspected cases, are reportable in Germarny. 7. Plague, bacillary dysentery, pertussis, mumps, Japanese encephaltis and Korean hemorrhagic fevers are diseases with high credits validity index among Korean legal disease. 8. German measles, anthrax, E. coli O157 : H7 infection, Lassa fever, Q-fever, brucellosis are high in validity index among those which are not designated in Korea but designated in other countries. In conclusion, the Korean Infectious Disease Prevention Act has well been coped with the changes of infectious disease occurrence for last fifty years, but the classification basis and the validity of diseases to be designated as legal diseases is worth reevaluating.

감염병 위기 상황에서 감염병 데이터의 수집 및 활용에 관한 법적 쟁점-미국 감염병 데이터 수집 및 활용 절차를 참조 사례로 하여-

김재선 대한의료법학회 2022 의료법학 Vol.23 No.4

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. 2020년 예상하지 못한 형태의 COVID-19 감염병의 급속도로 전파․확산으로 국민의 “생명․신체․재산”에 피해를 줄 수 있는 재난관리법상 사회재난이 발생하면서, 감염병 병원체의 검사 및 발생 사실에 대한 신고 및 보고(제11조), 실태조사(제17조), 역학조사(제18조), 예방접종을 위한 역학조사(제29조) 등을 통하여 수집된 정보는 발전된 데이터 인식 및 처리 기술, 인공지능을 통한 학습 기술 등과 결합하여 (1) 의료자원 배분을 위한 정책적 근거 마련(병상배정, 방역물품 공급), (2) 감염병 확산 방지를 위한 방역 정책적 근거 마련(집합금지․영업제한 등 정책 결정, 확진자 발생 현황 예측을 위한 연구 및 정책 결정), (3) 예방접종 촉진 및 피해 현황 파악 등 감염병 위기 상황에서 의사결정의 중요한 근거로 활용되어 왔다. 이러한 감염병 데이터를 활용한 의료정책의 결정은 방역정책 결정, 정보제공, 의약품 개발 및 연구 기술 발전에 기여하여 왔으며, 국제적으로 감염병 데이터의 활용 법제 마련에 관한 논의가 증가하면서 감염병 데이터 활용의 법적 인정 범위와 한계에 대한 관심이 높아졌다. 감염병 데이터의 활용은 감염병 전파 및 확산 차단 목적, 감염병의 예방․관리․치료 업무 목적, 감염병 연구 목적으로 분류할 수 있으며, 정보의 활용은 감염병 위기 상황을 전제로 논의된다. 먼저 민감정보인 “진료기록, 예방접종약, 예방접종, 기저질환 유무, 건강순위, 장기요양인정등급, 임신여부 등”에 관한 정보의 경우, 업무 목적으로 수집․제공․활용하는 경우 개인정보보호법상 활용이 인정되는 “타법에서 정하는 업무” 범위에 대한 해석이 요구된다. “감염병 전파 및 확산 차단, 감염병의 예방․관리․치료” 목적의 업무수행의 경우 입법적으로 명확하게 사전에 규율하기 쉽지 않다. 따라서 이를 인정하기 위한 전제로 먼저 대법원 및 헌법재판소에서 의료행위의 개념을 명확하게 정의하기 어렵다는 부분을 차용할 수 있다. 따라서 현실적으로 구체적인 업무수행의 행위 유형은 후행적으로 “입법목적, 학문적 원리, 전문성, 사회통념”을 기준으로 판단하여 재량권의 일탈 또는 남용의 논리로 해석하게 된다. 목적 달성에 필요한 정보수집 대상의 확정, 수집 정보의 활용 방안의 한계 설정을 위하여 감염병으로 인한 공중보건 위기 상황에서 데이터 활용의 공익적 필요성이 있는지를 우선 판단하되 해당 정보의 활용이 정보주체나 제3자의 이익을 부당하게 침해하지 않았는지를 기준으로 판단한다. 이익형량의 세부 기준으로 위기 상황에서 감염병의 전파속도와 정도, 해당 민감정보의 처리 없이 목적달성을 할 수 있었는지, 민감정보의 처리를 통한 방역정책 도입의 효과성 등을 기준으로 판단하게 된다. 한편, 연구목적 감염병데이터의 수집․제공․활용은 원칙적으로 개인정보보호법상 가명처리, 생명윤리법상 동의와 기관생명윤리위원회의 심의, 국민건강보험공단 자료 활용 시 자료제공 심의위원회 절차를 거쳐 활용되게 된다. 따라서 가명처리 및 데이터심의위원회의 심의 또는 정보주체의 동의 및 기관생명윤리심의위원회의 심의를 거치므로 원칙적으로 절차적 타당성을 확보하는 한 연구목적 활용은 인정된다. 다만, 가명화 또는 익명화 절차를 명확히하여 연구책임자의 부담을 줄여야 하며, 포괄적 동의제도와 옵트아웃 제도의 도입 또는 동의 절차가 명확히 마련되어야 하며, 기술발...