"Mask Distributed to Residents Violates Pharmaceutical Affairs Act? Controversy Over Punishment Review for Busan's Free Mask Distribution"

Distribution of 'Medical Mask' Labels Violates Pharmaceutical Affairs Act
Busan Nam-gu: "Not Profiting... Punishment Is Unfair"
Citizens: "It's for Quarantine, Punishment Is Wrong," "Should Be Considered Even If Wrong"

Busan Nam-gu Office distributed masks labeled as 'medical masks' to residents last March, and the police have sent the responsible public official to the prosecution with a recommendation for indictment on charges of violating the Pharmaceutical Affairs Act, sparking controversy. Photo by Yonhap News

[Asia Economy Reporter Kim Suwan] Busan Nam-gu Office, which distributed masks to all residents for quarantine and safety as part of mask supply during the early spread of the novel coronavirus infection (COVID-19), is facing controversy as it is at risk of legal punishment. The district office stated that it is unfair to criticize the measures taken for COVID-19 quarantine.

According to recent reports from Busan Nam-gu Office and the police, the Busan Western Police Station has forwarded four public officials in charge at Busan Nam-gu Office to the prosecution with an indictment opinion on charges of violating the Pharmaceutical Affairs Act.

Earlier, in March this year, Busan Nam-gu imported 1 million masks from China for COVID-19 quarantine and distributed three masks per person to 280,000 residents. At that time, Nam-gu was the first in the country to import Chinese medical masks to resolve the mask shortage.

The packaging reportedly included phrases such as 'COVID-19 Prevention Guidelines,' 'Busan Metropolitan City Nam-gu,' and 'This is a medical mask.'

The police judged that labeling general masks as medical masks could be a violation of the Pharmaceutical Affairs Act.

Article 61, Paragraph 2 of the Pharmaceutical Affairs Act states, "No one shall label or mark non-pharmaceutical products on containers, packaging, or attached documents in a way that may cause misunderstanding of medical efficacy or effects." Actual medical masks are functional masks with droplet blocking effects and must be approved as quasi-drugs by the Ministry of Food and Drug Safety.

Additionally, the police stated that they gave the district office more than six months to notify that the masks were not medical masks, but the office did not take any action.

Officials from Nam-gu, Busan, who imported 1 million masks from China last March, are packing the masks. Photo by Nam-gu Office, Busan

However, among citizens, there is criticism that the police's judgment is excessive. Punishing public officials who worked hard for COVID-19 quarantine on charges of violating the Pharmaceutical Affairs Act is seen as disregarding their dedicated efforts.

Kim, a worker in his 20s, said, "They distributed masks for residents during the peak of COVID-19, so this is too much," adding, "They did not profit from it, and it doesn't make sense that they are being punished for working hard on COVID-19 response." He continued, "If they are lower-level officials, they probably just followed orders from above, so punishing them is not right."

There are also views that legal violations should be taken into consideration. Another worker, Choi (29), said, "March was a time when everyone struggled due to mask shortages. This was an effort to overcome that, and even if something went wrong in the process, it should be taken into account," adding, "Since it was for public safety, I hope the punishment will be reconsidered."

Frontline public officials also expressed dissatisfaction. A public official who requested anonymity said, "They did not intend to sell masks for profit but distributed them for residents' health," and added, "I cannot understand why public officials who worked for residents during the serious COVID-19 situation should be punished."

Meanwhile, a Nam-gu Office official stated, "At that time, securing masks was difficult, and the distribution was done for the residents. Everyone finds it absurd to criticize this. The police say they gave an opportunity to notify, but the masks had already been distributed, and it was impossible to inform each resident individually," adding, "It was a proactive measure to prevent the spread of COVID-19, and since there was no intention to profit, this is an unfair situation. We have also submitted a petition stating that the investigation is unreasonable."

This content was produced with the assistance of AI translation services.