'Out of Contact' Itaewon Club Visitors, Punishable? Police "Actively Considering"
3112 out of 5517 unreachable
Health authorities suspect contact avoidance due to fear of 'outing' despite 'anonymous testing'
Proving intentional refusal is key
Police likely to review legal aspects case by case
On the 10th, when Seoul City issued a 'gathering ban order' for all entertainment facilities in Seoul following the Itaewon club COVID-19 cluster infection incident, a gathering ban notice was posted at the Itaewon club in Seoul, which was reported to have been visited by confirmed cases. Photo by Jinhyung Kang aymsdream@
View original image[Asia Economy Reporter Lee Gwan-ju] The police are considering actively punishing about 3,000 visitors to Itaewon clubs who are currently unreachable by applying the Infectious Disease Control and Prevention Act. The key issue is proving whether their loss of contact was intentional.
A National Police Agency official said in a phone interview on the 12th, "If requests from quarantine authorities are refused or violations of laws are found, we will actively consider punishment." According to the current Infectious Disease Control and Prevention Act, those who refuse quarantine measures or treatment by quarantine authorities can be sentenced to up to one year in prison or fined up to 10 million won. Additionally, refusal to cooperate with epidemiological investigations or providing false information is also punishable.
The problem is whether those who completely avoid contact with quarantine authorities and hide can be punished. In particular, in this Itaewon cluster infection case, it is presumed that many refuse to answer calls or continuously reject testing due to concerns about "outing" (the act of disclosing one's sexual orientation or identity without consent). According to Seoul City on the 11th, out of 5,517 visitors to Itaewon clubs, 3,112 are unreachable. It is difficult to punish them simply for not answering calls, but if intentional refusal is proven, the situation changes.
The Infectious Disease Control and Prevention Act stipulates that one of the quarantine authorities' enforcement measures is to check for symptoms of infectious diseases using wired or wireless communication and ICT devices. Refusal to comply can result in a fine of up to 3 million won. Also, quarantine authorities require health examinations for those residing in or entering infectious disease outbreak areas who are suspected of infection; refusal or avoidance of this can lead to a fine of up to 2 million won.
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However, the police believe legal review is necessary depending on the case. Punishment regulations vary depending on the applied provisions, and it must be determined whether specific acts can be punished under those provisions. A police official said, "If there is a complaint from the Korea Disease Control and Prevention Agency or the relevant local government, we can more actively consider whether to impose punishment."
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