코로나위기와 헌법국가 -독일에서의 코로나위기 대응에 대한 헌법적 논의를 중심으로-

초록

With the spread of Corona 19 infection, which began in Germany from March 2020, the German Federal Congress(Bundestag) revised the Infection Protection Act(Infektionsschutzgesetz: IfSG) and completed a series of legislative work, for example Social Security Act and Labour Law, to respond to the corona crisis. The federal administration and state governments have taken various measures to prevent the spread of COVID-19 based on the Infection Protection Act, prohibiting gathering of people, closing schools, shops, groceries, stores and pharmacies, leisure and sports facilities, restaurants and bars, and enforcing distance between people. It was also prohibited going out to certain areas. However, these restrictions and measures have raised doubts for some constitutional scholars whether or not Germany is transformed into a health dictatorship, as Germany develops into a state of emergency in which the constitution and laws do not work. In addition, controversy arose over whether specific measures to respond to the corona crisis were justified in terms of guaranteeing constitutional rights and the principle of proportionality. In general, the activities and functions of constitutional institutions in Germany are not suspended or stopped, and administrative measures of the states are also supervised under the control of the constitution and laws, so the emergency state is not appropriate and in real. In addition, controversial restrictions, prohibition of assembly or worship, and various other restrictions can be evaluated as not unconstitutional if they are examined according to the proportional principle in specific situations. Most importantly, not only in the corona crisis but also in general crisis situations, the constitution and laws should be maintained without being converted into a state where the constitution and constitutional rights are not guaranteed due to general administrative measures. That is, the constitution is practically guaranteed, and in fact, it is a situation that can be called a constitutional state.

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