Balancing Public Health and Privacy: South Korea's Infectious Disease Laws Post-MERS and COVID-19.

Abstract

This study evaluates South Korea's legislative amendments related to infectious disease after the 2015 Middle East respiratory syndrome (MERS) outbreak and how they were applied during the COVID-19 pandemic. A significant legal case after the 2015 MERS outbreak highlighted the government's liability due to inadequate response, which led to amendments in the Infectious Disease Control and Prevention Act. Key revisions included changes to epidemiological investigations, information disclosure, and requests to provide information. This study reviews the application of these amendments during COVID-19, focusing on related litigation and Korean courts' decisions. Additionally, it examines South Korea's efforts after COVID-19, which aim to balance effective infectious disease responses with personal information protection, incorporating lessons from past outbreaks. The study concludes that continuous legal and systemic improvements focused on the specific circumstances are crucial for managing future infectious disease crises, highlighting the need for a legal framework that maximizes the beneficial aspects of being able to curb the spread of infectious disease while minimizing the problematic issue of personal information infringement.