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(영문) 서울행정법원 2015.11.06 2015구합6965

부작위위법확인

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

From 2012 to 15, more than 1,00 infected patients and more than 40 dead persons have been suffering from severe acute emitting disease due to abnormal covina virus infection(MERS-CoV)(hereinafter referred to as "Mevinas").

On May 20, 2015, 64 patients, 5 dead, and 2,361 patients were confirmed until June 7, 2015 after the first metr patient was confirmed. The government of the Republic of Korea, until June 6, 2015, disclosed the list of the hospitals where the metr patients undergo the metr patient and the medical institutions were not disclosed until June 7, 2015.

[Reasons for Recognition] A’s assertion of the Plaintiff’s assertion of the overall purport of the pleading, and Article 34(6) and Article 36(3) of the Constitution of the Republic of Korea, and Articles 4(2)5 and 6(2) of the Infectious Disease Control and Prevention Act (hereinafter “ Infectious Disease Prevention Act”) have a duty to collect and analyze information about Mates and provide it to citizens, and citizens have the right to know information and response methods concerning the situation of occurrence, prevention and control, etc.

Nevertheless, by June 6, 2015, the Defendant, without good cause, failed to disclose the hospital and medical institution to the public via the Mesian patient, 64 patients, 5 dead, and 2,361 patients at the time of occurrence of 64 patients, and 2,361 patients, including the Plaintiff, lost the opportunity to prevent the spread of the Mesium by disclosing the hospital and medical institution to the public via the Mesian patient, thereby exposed citizens of the Republic of Korea including the Plaintiff to the risks of Mes infection. Thus, the Defendant’s omission by June 6, 2015 without disclosing the hospital and medical institution to the public via the Mesian disease is unlawful against the Constitution and the method of infectious diseases.

In addition, according to Article 6 (2) of the Infectious Disease Prevention Act, citizens shall prevent infectious diseases and infectious diseases.