수돗물불소화사업에 관한 헌법적 고찰

A Study on Constitutional Problems of the Public Water Fluoridation Policy

The Public Water Fluoridation Policy is a national project to prevent teeth from decaying and treat a decayed toot by putting fluoride chemicals into piped water. Government emphasize that this policy is the best public health policy which enable all citizens to receive benefits effectively, equally, and economically. But a lot of people are against this policy of the present government, because it was not verified that this policy was not injurious to health. From my point of view, this policy have a lot of problems, in terms of fundamental human rights and legislation. : This Policy was administered without having a living-body test or a scientifical verification Whether it was injurious to human body and natural environment or not. On the contrary, legislative power produced a result of ending the scientifical and medical dispure by majoriry rule. In the present situation, perhaps this legislation for supporting 'Public Water Fluoridation' may invite irreparable damages to our healrh. That is, this policy may violate the rights of health. Clearly, it divests us of rhe rights of choosing and drinking pure warer, the liberty of selecting contract contents, and authority to decide our fate. Lastly, it has several problems in respect of Constitutionalism or the rule of law, and does not have systematic suitability between related laws. In conclusion, in my judgment, this policy is unconstitutional legislation. Therefore, the Ministry of Health and Welfate must prepare the public health policy of dental hygiene and care, without prejudice to such self-control of society and fundamental human rights as all citizens including the weak and minority may enjoy.