Controversy Over 'Park Won-soon Memorial Altar' Rekindled... Ha Tae-kyung Calls It "Illegal Act" vs Ministry of Health and Welfare Says "Not True"
[Asia Economy Reporter Lim Chun-han] Controversy has reignited over whether the installation of a memorial altar for the late former Seoul Mayor Park Won-soon violates the Infectious Disease Control and Prevention Act. There is a divergence in interpretation regarding whether the Ministry of Health and Welfare, the competent authority, judged it to be a violation. Rep. Ha Tae-kyung of the United Future Party claimed, based on documents received from the Ministry, that "the Ministry judged it to be a violation," but both the Seoul Metropolitan Government and the Ministry of Health and Welfare have denied this.
On the 25th, Rep. Ha stated, "The Ministry of Health and Welfare refuted Seoul City's claim that the Park Won-soon memorial altar was not subject to the Assembly and Demonstration Act because it was not a gathering under that law," adding, "The Ministry answered that the assemblies prohibited under the Infectious Disease Control and Prevention Act refer to all gatherings, regardless of whether they are assemblies permitted under the Assembly and Demonstration Act."
According to materials submitted to Rep. Ha's office by the Ministry of Health and Welfare, the Ministry explained that since the purposes of the Infectious Disease Control and Prevention Act and the Assembly and Demonstration Act are not the same, the concept of assembly under the Infectious Disease Control and Prevention Act does not necessarily correspond to an assembly under the Assembly and Demonstration Act. Furthermore, the Ministry stated that the Infectious Disease Control and Prevention Act does not distinguish types of assemblies by referencing the Assembly and Demonstration Act's definition of assembly. However, the Ministry noted that it is primarily the legally authorized Seoul Metropolitan Government's responsibility to determine which types of gatherings to restrict or prohibit and did not make a direct judgment.
Rep. Ha said, "The Ministry gave the same response to the police," adding, "Unless the law separately defines the meaning of a specific term, it is interpreted in the commonly understood sense by the general public. The act of installing a memorial altar at Seoul Plaza and receiving condolences from the public also constitutes a gathering," he explained. He emphasized, "The police should promptly investigate the illegal acts related to the Park Won-soon memorial altar and punish those involved based on the Ministry of Health and Welfare's authoritative interpretation."
On the same day, the Seoul Metropolitan Government issued a clarification stating, "On February 27, based on the Infectious Disease Control and Prevention Act, prohibitions were implemented only on 'entertainment, assemblies, and rituals' listed as measures for infectious disease prevention, and the prohibition was limited to assemblies. Rituals are not subject to prohibition." It continued, "During the same period, a memorial altar for the late General Baek Seon-yeop was installed and operated at Gwanghwamun Plaza, but this was also not prohibited," and refuted reports claiming that the Ministry of Health and Welfare had effectively issued an authoritative interpretation deeming the installation of the former mayor's memorial altar 'illegal' as untrue.
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The Ministry of Health and Welfare also stated in a press release, "The police did not request an authoritative interpretation from the Ministry regarding the legality of the memorial altar installation, and the Ministry has never expressed an opinion that the installation of the memorial altar violates the Infectious Disease Control and Prevention Act."
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