본문 바로가기
  • Home

A study on the responsibility for damages and the right to indemnity for nosocomial infection and group infections in the hospital

  • Public Land Law Review
  • Abbr : KPLLR
  • 2021, 94(), pp.141-163
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : April 30, 2021
  • Accepted : May 21, 2021
  • Published : May 25, 2021

JEON HOON 1

1경북대학교

Accredited

ABSTRACT

The purpose of this article is reviewing the administrative responsibility due to infectious disease such as MERS and COVID-19, introducing the korean Supreme court’s cases in 2020 along with discussions on damage transfer and indemnity rights for nosocomial infection. Regarding compensation for damage caused by Pandemic, it is no longer realistic to solve disasters caused by disease with the civil law, and it is desirable for the state to understand them as compensation for the consequence, whether natural or social disasters. In addition, we examined some cases of korean Supreme court in 2020 about the compensation for losses and payment restrictions on medical institutions' quarantine and operating losses along with liability for damages caused by infections in hospitals. Through the recent revision of 《Infectious disease control and prevention Act》, the government recognizes responsibility for compensation for those who have interfered with the crisis that contributed to causing collective infections. Prior to the revision of the Act, the theory of management of affairs and unjust enrichment in civil law was discussed as the theoretical basis of the measures for right to indemnity. The revised law introduce the legal basis for claims for damages against those who increase the risk of spreading infectious disease, and it is regrettable that the clause on increasing compensation (three-fold compensation) of punitive Damage would have been introduced even if there is a possibility of future changes.

Citation status

* References for papers published after 2022 are currently being built.