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Criminal Policy for Intectious Disease Control and Prevention
October 01, 2015


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.

Cheonhyun Lee

Criminal Law&Policy, Criminal Justice Reform

Senior Research Fellow

Cheonhyun Lee's picture

Research Interest (Major)

Economic Crime, Corrupt act, Administrative sanctions

Report List

Strengthening the Forensic Science in Korean Criminal Justice System(Ⅳ)

Criminal Policy on Large-Scale Accidents with Multiple Casualties and Injuries

Criminal Sanction on Corporate Activity (Ⅱ) -The Current Practices of Sanctions against Corporate Crime-

Circumstances and Countermeasures of Unlawful Practices of Law (Ⅱ) - Focusing on the Reality of Corruption Committed by 'Attorney-At-Law Retired From Public Office' and Its Countermeasures

Improving the Prevention System of Corruption in the Private Sector

Crowdfunding: The Actual Conditions of Crime Using Crowdfunding and Its Countermeasures Status Report and Countermeasures against Crimes Using Crowdfunding

Status Report on Transnational Tax-Crime and Its Criminal Justice Manuevers

Criminal Policy for Intectious Disease Control and Prevention

A Study on the Criminal Liability of Companies Profiting from Illegal Activities

Strenghtening the Korean Criminal Justice System Applying Forensic Science (V)

Criminal Investigation of Administrative Agencies: Analysis of the Current Status and Improvement Measures

Korean Institute of Criminology Official Video - image

Korean Institute of Criminology Official Video

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