유럽헌법학회

Infectious disease control caused by COVID-19 is currently the most actively discussed theme in legal science. And only by infectious disease control institutions, infectious disease control has been possible. Public medical center is the most important infectious disease control institution. For the effective infectious disease control, it would be necessary to establish and manage public medical center, based upon the people’s decision making, because public medical center is for protecting people’s life from the infectious disease. Korea has no legal institution in which resident citizen(who could be influenced by infectious disease directly) can participate in decision making on the establishment, management and closure of public medical center. To solve this problem, in July 2020, Public Deliberation Committee was made to establish public medical center in Western Gyeongnam area. The new one would replace Jinju medical center(which was closed in 2013). But Public Deliberation Committee(2020) can’t guarantee resident’s legal participation because it has not made by Administrative Procedures Act of Korea(2020) or other acts. To solve this legal problem, it would be necessary to legislate new resident-participation system. This article suggests to establish resident-participation legal system in which residents can participate actively in decision making on public medical center. The writer uses Network Theory to discuss about necessity of resident-participation in decision making on public medical center. To adopt resident-participation legal system about public medical center, this study takes example by Planning Approval Procedure in Germany(Planfestellungsverfahren)(1976). Though the establishment of resident-participation legal system, public medical center can function properly as infectious disease control institution. By improving infectious disease control of the public medical center, effective protection of people’s life from the infectious disease can be expected.