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Application and Expansion of the Harm Principle to the Restrictions of Liberty in the COVID-19 Public Health Crisis: Focusing on the Revised Bill of the March 2020 「Infectious Disease Control and Prevention Act」 (코로나19 공중보건 위기 상황에서의 자유권 제한에 대한 '해악의 원리'의 적용과 확장 - 2020년 3월 개정 「감염병의 예방 및 관리에 관한 법률」을 중심으로 -)

  • You, Kihoon;Kim, Dokyun;Kim, Ock-Joo
    • The Korean Society of Law and Medicine
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    • v.21 no.2
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    • pp.105-162
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    • 2020
  • In the pandemic of infectious disease, restrictions of individual liberty have been justified in the name of public health and public interest. In March 2020, the National Assembly of the Republic of Korea passed the revised bill of the 「Infectious Disease Control and Prevention Act.」 The revised bill newly established the legal basis for forced testing and disclosure of the information of confirmed cases, and also raised the penalties for violation of self-isolation and treatment refusal. This paper examines whether and how these individual liberty limiting clauses be justified, and if so on what ethical and philosophical grounds. The authors propose the theories of the philosophy of law related to the justifiability of liberty-limiting measures by the state and conceptualized the dual-aspect of applying the liberty-limiting principle to the infected patient. In COVID-19 pandemic crisis, the infected person became the 'Patient as Victim and Vector (PVV)' that posits itself on the overlapping area of 'harm to self' and 'harm to others.' In order to apply the liberty-limiting principle proposed by Joel Feinberg to a pandemic with uncertainties, it is necessary to extend the harm principle from 'harm' to 'risk'. Under the crisis with many uncertainties like COVID-19 pandemic, this shift from 'harm' to 'risk' justifies the state's preemptive limitation on individual liberty based on the precautionary principle. This, at the same time, raises concerns of overcriminalization, i.e., too much limitation of individual liberty without sufficient grounds. In this article, we aim to propose principles regarding how to balance between the precautionary principle for preemptive restrictions of liberty and the concerns of overcriminalization. Public health crisis such as the COVID-19 pandemic requires a population approach where the 'population' rather than an 'individual' works as a unit of analysis. We propose the second expansion of the harm principle to be applied to 'population' in order to deal with the public interest and public health. The new concept 'risk to population,' derived from the two arguments stated above, should be introduced to explain the public health crisis like COVID-19 pandemic. We theorize 'the extended harm principle' to include the 'risk to population' as a third liberty-limiting principle following 'harm to others' and 'harm to self.' Lastly, we examine whether the restriction of liberty of the revised 「Infectious Disease Control and Prevention Act」 can be justified under the extended harm principle. First, we conclude that forced isolation of the infected patient could be justified in a pandemic situation by satisfying the 'risk to the population.' Secondly, the forced examination of COVID-19 does not violate the extended harm principle either, based on the high infectivity of asymptomatic infected people to others. Thirdly, however, the provision of forced treatment can not be justified, not only under the traditional harm principle but also under the extended harm principle. Therefore it is necessary to include additional clauses in the provision in order to justify the punishment of treatment refusal even in a pandemic.

Information types and characteristics within the Wireless Emergency Alert in COVID-19: Focusing on Wireless Emergency Alerts in Seoul (코로나 19 하에서 재난문자 내의 정보유형 및 특성: 서울특별시 재난문자를 중심으로)

  • Yoon, Sungwook;Nam, Kihwan
    • Journal of Intelligence and Information Systems
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    • v.28 no.1
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    • pp.45-68
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    • 2022
  • The central and local governments of the Republic of Korea provided information necessary for disaster response through wireless emergency alerts (WEAs) in order to overcome the pandemic situation in which COVID-19 rapidly spreads. Among all channels for delivering disaster information, wireless emergency alert is the most efficient, and since it adopts the CBS(Cell Broadcast Service) method that broadcasts directly to the mobile phone, it has the advantage of being able to easily access disaster information through the mobile phone without the effort of searching. In this study, the characteristics of wireless emergency alerts sent to Seoul during the past year and one month (January 2020 to January 2021) were derived through various text mining methodologies, and various types of information contained in wireless emergency alerts were analyzed. In addition, it was confirmed through the population mobility by age in the districts of Seoul that what kind of influence it had on the movement behavior of people. After going through the process of classifying key words and information included in each character, text analysis was performed so that individual sent characters can be used as an analysis unit by applying a document cluster analysis technique based on the included words. The number of WEAs sent to the Seoul has grown dramatically since the spread of Covid-19. In January 2020, only 10 WEAs were sent to the Seoul, but the number of the WEAs increased 5 times in March, and 7.7 times over the previous months. Since the basic, regional local government were authorized to send wireless emergency alerts independently, the sending behavior of related to wireless emergency alerts are different for each local government. Although most of the basic local governments increased the transmission of WEAs as the number of confirmed cases of Covid-19 increases, the trend of the increase in WEAs according to the increase in the number of confirmed cases of Covid-19 was different by region. By using structured econometric model, the effect of disaster information included in wireless emergency alerts on population mobility was measured by dividing it into baseline effect and accumulating effect. Six types of disaster information, including date, order, online URL, symptom, location, normative guidance, were identified in WEAs and analyzed through econometric modelling. It was confirmed that the types of information that significantly change population mobility by age are different. Population mobility of people in their 60s and 70s decreased when wireless emergency alerts included information related to date and order. As date and order information is appeared in WEAs when they intend to give information about Covid-19 confirmed cases, these results show that the population mobility of higher ages decreased as they reacted to the messages reporting of confirmed cases of Covid-19. Online information (URL) decreased the population mobility of in their 20s, and information related to symptoms reduced the population mobility of people in their 30s. On the other hand, it was confirmed that normative words that including the meaning of encouraging compliance with quarantine policies did not cause significant changes in the population mobility of all ages. This means that only meaningful information which is useful for disaster response should be included in the wireless emergency alerts. Repeated sending of wireless emergency alerts reduces the magnitude of the impact of disaster information on population mobility. It proves indirectly that under the prolonged pandemic, people started to feel tired of getting repetitive WEAs with similar content and started to react less. In order to effectively use WEAs for quarantine and overcoming disaster situations, it is necessary to reduce the fatigue of the people who receive WEA by sending them only in necessary situations, and to raise awareness of WEAs.

Studies on the Utilization of Woodland for Livestock Farming II. Problem and Its Improvement Followed by the Join Cattle Grazing in king Won Do (임지의 축산적 이용에 관한 연구 제2보. 강원도의 새마을 "소" 임간공동방목사업의 문제점과 개선책)

  • 맹원재;윤익석;유제창;정승헌
    • Journal of The Korean Society of Grassland and Forage Science
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    • v.3 no.2
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    • pp.100-111
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    • 1983
  • The research results reported herein had the objectives to understand and analyze the present problems of saemaeul woodland joint cattle grazing system in Kang Won Do and to take steps of improvement. The study results on actual management conditions, problems analyzed and improvement plan of total 208 joint cattle grazing area which was established 105 area in 1981 and 103 area in 1982 were summarized as follows: 1. the effectiveness of joint cattle grazing projects 1) Average daily weight gain of cattle during joint cattle grazing period was 0.4kg, showing higher daily than the conventional feeding of 0.33kg. 2) Increase of total farm income over the conventional feeding system were \1,031,357,320 during the grazing period from May to October in 1982 by adapting the 208 joint cattle grazing system, of which effectiveness of weight gain was \293,075,300 and labor saving was \543,838,750. 3) According to the results of questionaire investigation from 208 joint cattle grazing area, effectiveness of joint cattle grazing system over the conventional system were (1) labor saving, (2) feed cost saving, (3) reduced diseases, (4) increase of number of feeding, (5) inspiration of joint endeavor, (6) effect of more gain, (7) easiness of feeding and feed cost savings. 2. Problems of joint cattle grazing system. 1) Shortages of grass were a problem at second year of joint cattle grazing period due to the low regrowth rate of wild grass. 2) Proper land for woodland joint cattle grazing is belonging to land of Government ownership and it is very hard to get the permission from office of forestry for cattle grazing purpose. 3) It is also difficult to find a proper time of breeding in grazing area by the difficulty of estrus detection. 4) There are a difficulty to give a proper vaccination and medical examination for the grazing cattle. 3. Improvement plans for woodland joint cattle grazing projects. 1) Obtain sufficient roughages by hoof cultivation and oversowing pasture from the second year of joint cattle grazing period. 2) In order to increase the beef production and to use for a calf production area, Government should arrange that all proper grazing land of Government owned in Kang Won Do convert into woodland joint cattle grazing area. 3) Make a good reproductive record by mixed grazing with a excellent breeding cow in a remote area. And carry out the collective artificial insemination with synchronous puberty induced by injection of puberty stimulation hormone. 4) Make a preventive injection for blackleg, twice medication of fasciola hepatica in a year, and spray and medication of tick insecticide. 4. A policy towards upbringing of woodland joint cattle grazing area. 1) Government should thoroughly investigate about a proper land for woodland joint cattle grazing from all forests. 2) When the area is suitable for the woodland joint cattle grazing, though it is national forest or restricted area, government should make it possible to establish a grazing area. 3) On the proper land foe joint cattle grazing in the remote place, Government should support for the road construction and electric fence equipments by using of national funds. 4) There should be an administrative consideration for well promotion of the project that make woodland joint cattle grazing suitable to the characteristics of Kang Won Do. 5) In order to improve the reproduction record, Government should reform the insufficiency of artificial insemination in the joint cattle grazing area. 6) In order to maintain a proper price of cow, Government should carry out the price plan. 7) When there is any request for grassland formation in the woodland joint cattle grazing area, Government should permit it with preference.

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