WHO 팬데믹 조약의 국제보건법과의 체계 정합성과 한국에서의 법제적 이행 과제 = Systematic Coherence of the WHO Pandemic Agreement within International Health Law and Its Legal Implementation Challenges in Korea

다국어 초록 (Multilingual Abstract)

This study analyzes the normative structure and legal nature of the WHO Pandemic Agreement adopted in 2025, evaluates its coherence and interactions with the international health law framework including IHR(2005), TRIPS/Doha Declaration, PIP Framework, and Nagoya Protocol, and derives implementation challenges for South Korea’s health legal system.
The Agreement displays a mixed structure of hard and soft norms, with relatively strong obligations in pathogen access and benefit-sharing(PABS) and equity areas, while technology transfer, intellectual property rights, and financing are designed around obligations of effort. In terms of coherence, the Agreement complements the IHR’s prevention and alert systems, reinforces the balance between intellectual property and public health through reaffirmation of TRIPS flexibilities and a “peace clause”-style consensus, extends the contractual experience of the PIP Framework to institutionalize PABS as a multilateral system, and seeks to minimize conflicts with the Nagoya Protocol via a “specialized instrument” status.
However, challenges remain in implementing effective benefit-sharing of digital sequence information and in compliance mechanisms. South Korea’s legal framework largely aligns with the Agreement but requires explicit and expedited procedures for emergency pathogen and data sharing (in bioethics and personal information laws), integration of One Health surveillance and WHO alert links (Infectious Disease Control Act), expedited compulsory licensing and governmental use (Patent Act), and institutional coordination on international cooperation and financing (dedicated fund and permanent committees).
Conclusively, the Pandemic Agreement marks a pivotal institutionalization of equity and solidarity principles; successful domestic implementation hinges on precise legal frameworks and governance integration. Priority actions for Korea include enacting a special package for international pathogen and data sharing exemptions, legalizing IHR focal points and cross-governmental crisis committees, expediting public health exceptions in IP law, and establishing a dedicated public health emergency fund.