Constitutional status and management system of the right to health as a fundamental right of the state

It is very important and meaningful to systematically consider the system and meaning of the health rights stipulated in the constitution, which is directly related to the health of the people. The constitutional right to health means that the state will take responsibility for health, which is a necessary and sufficient condition for leading a happy life. The right to health has emerged as an area of interest to all citizens as they experience medical services in times of crisis, such as the COVID-19 pandemic and the expansion of medical school enrollment. However, discussions on the right to health in public law have been limited. Accordingly, in order to examine the status of the right to health within the constitutional norms, the Constitutional Court's precedents and laws related to the right to health were investigated to clarify the status and content of the right to health. This was a task to legally specify the right to health and to define its substantive meaning. The right to health is a practical task of the state's duty to protect fundamental rights and can be said to be the core of social fundamental rights. The right to health under the Constitution is a human rights protection norm that realizes human dignity and value as stipulated in Article 10 of the Constitution, which guarantees a healthy and enjoyable life for each citizen, and has been established in a system and status as a public interest norm that guarantees the right to life and the right to health. To make this concrete, we categorized the management system into citizen-centered infectious disease response and strengthening of health and medical capacity, expansion of public medical services through improved accessibility to health, and improvement of quality of life through linkage of medical and welfare services. In order to realize the right to health as stipulated in the Constitution, the state should recognize that it is a core value norm of social fundamental rights and implement policies that prioritize investment of national financial resources and manpower.