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A Study on Improving Legal System of Public Medical Center for Infectious Disease Control - Focus on the Participation of Private sectors -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2020, 91(), pp.59-91
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : July 31, 2020
  • Accepted : August 21, 2020
  • Published : August 27, 2020

Hwang Jihye 1

1한양대학교 법학연구소

Accredited

ABSTRACT

Because of COVID 19, importance of public medical institution has been emphasized. Public medical institution is regarded more important than private medical institution to control infectious disease. Because private medical institutions are not entirely for public good, they have inherent limitation for controling pandemic infectious disease. Having realized the necessity of "public medical institution", Korean government is planning to establish new public medical centers by state or local government. For establishing and managing public medical centers, financial resources of state and local government are not sufficient. To solve this problem, state and local government have to cooperate with private sectors(private sector’s capital). Also neighborhood residents & general public have to participate in establishing and managing public medical centers. For the administration of pandemic infectious disease control, cooperation between state & local government and various level of non-government organization is necessary. For this necessity for cooperation, Network Theory(Netzwerktheorie) is helpful. The writter suggests solution based upon Network Theory by project steps as following. The whole project steps have three steps: ① planning, ② establishing and managing, ③ management evaluation(monitoring). First, In the early stage or in planning stage, participation of residents & general public in the decision making procedure is necessary. For this necessity, Planning Approval Procedure in Germany will be helpful. Second, participation of private corporation in establishing & managing public medical center through Private Finance Initiative(PFI) is suggested. To use PFI effectively, the Right to Operate Public Facility in Japan can be helpful. Third, participation of non-government public organization(NPO, NGO or the International Relief Organization) is useful in management evaluation(monitoring) step. To make effective monitoring, Environmental Class Action in Germany, can be relied upon. This study on private sector's participation in establishing and managing public medical center can lead to fulfilling people's needs for public health care. Ulimately, it helps to prevent and cure pandemic infectious disease.

Citation status

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