Indemnification and Compensation for loss according to the transition from Pandemic to Endemic

Abstract

The transition from Pandemic to Endemic requires a new task for compensation for loss after police restriction for public order. The government recognizes loss compensation for small business owners and small and medium-sized business operators who have been closed or suspended due to collective bans or restrictions caused by COVID-19 through the Infectious Disease Prevention and Management Act and the Small Business Protection and Support Act. In this regard, major previous researches have been conducted on whether to apply traditional discussions on property rights guarantees to new situations. We study whether the current loss compensation due to the pandemic can be understood as public compensation or support for socialization of responsibility under the Disaster law from a different perspective from previous studies discussed mainly on German property rights guarantee and loss compensation. In addition, we reviewed the French Constitution, related laws, and Constitutional Court decisions, which were rare to discuss in Korea, and considered the possibility of interpreting the meaning of loss compensation(SON-SIL-BO-SANG) from a perspective other than boundary/separation theory on property rights.