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Criminal Responsibility Judgment of the so-called ‘Super-Propagator’ under Corona 19

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2020, 8(4), pp.51-71
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : October 9, 2020
  • Accepted : November 27, 2020
  • Published : November 30, 2020

Hong, Tae-Seok 1

1원광대학교

Candidate

ABSTRACT

In the fall of 2020, the world is having a time of no relief in the spread of Corona19. The death rate of the Corona19 virus is more than 10 times that of influenza, and some say it will end only when half of the world's population is infected. In this atmosphere, even before the holiday, the government is urging people to refrain from visiting their hometowns and visit their graves online to prevent the infection of Corona 19. As mentioned earlier, Corona19 has changed much of our lives. Student’s classes have been converted to non-face, worker’s working patterns have been converted to telecommuting, and life as an ‘non-face’ is becoming natural as they have to wear masks when moving or indoors. This is because the media confirmed that the influence of Corona 19 could pose a great danger to our human lives and bodies. Despite such a stern atmosphere, cases where infected people hide the fact that they are infected, or spread them to others intentionally and by negligence, such as failure to comply with home isolation obligations and intentional transmission of infections are often seen in cases not only in Korea but also in foreign countries. In this paper, we realized the seriousness of the current Corona19 Incident and reviewed the case of infecting others with corona19 by intention or negligence. The discussion so far has been that “the penalty for injury is possible.” Therefore, in this paper, in terms of Corona19’s influence on our human body we considered the law of serious injury, not the existing one. Corona 19 is changing a lot in our society. It continues its so-called “non-face life” that avoids contact with others regardless of age or sex. As the non-face life continues, I am spending a little bit of a hectic day, but I am continuing to make masks a part of my daily life and live a non-face life for me and our society. But if some deviant behavior further accelerates the spread of Corona19 and threatens our health we will have no choice but to deal with it in the realm of law. Thus, in this paper, we examined whether we could take a step further from the existing discussion and look into the radio waves of Corona19 that could pose a risk to our lives by a more stringent standard of law.

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