Confirmed and High-Risk Individuals Also Taking Bar Exam... Constitutional Court: "Excessive Restriction on Job Choice" (Comprehensive)

"Even if cited in the judgment, it is difficult to restore freedom of occupational choice"
Ministry of Justice "Measures to allow confirmed cases to take exams in isolated locations"

[Asia Economy Reporter Minji Lee] Due to the Constitutional Court's partial acceptance of the provisional injunction request to suspend the effect of the lawyer exam announcement, examinees confirmed with COVID-19 and those at high risk of infection can now take the lawyer exam starting from the 5th. The Constitutional Court agreed that losing the opportunity to take the exam according to the announcement excessively restricts the freedom to choose a profession.

According to the Constitutional Court on the 4th, by unanimous opinion of all justices, the effect of the parts of the 10th lawyer exam examinee guidelines stating "confirmed cases cannot take the exam" and "transfer of high-risk individuals to medical institutions" has been suspended until the decision on the constitutional complaint case. The announcement requiring self-quarantined individuals to apply in advance by 6 p.m. on the 3rd to be allowed to take the exam has also been suspended.

[Image source=Yonhap News]

Accordingly, confirmed cases who were previously unable to take the exam, high-risk individuals classified for transfer to medical institutions through on-site fever screening, and self-quarantined individuals who missed the advance application deadline can all take the lawyer exam without restrictions.

The Constitutional Court viewed that losing the opportunity to take the exam according to the announcement could be an excessive restriction on the freedom to choose a profession. The Court judged, "Relatively young examinees may be asymptomatic or have mild symptoms even if confirmed positive, and self-quarantined and high-risk individuals can take the exam in isolated locations where infection risk is blocked."

It also explained, "If examinees lose the opportunity to take the exam, it would be very difficult to restore freedoms such as the freedom to choose a profession even if the claim is accepted in the main trial," emphasizing the urgent need to prevent 'irreparable harm.'

Furthermore, even if the claim is dismissed in the main trial later, the Ministry of Justice would only bear costs such as preparing separate exam locations, so the risk of relative disadvantage compared to examinees is low. Moreover, the Court mentioned, "If high-risk individuals are prohibited from taking the exam, there is a concern that examinees might forcibly take the exam while hiding symptoms, which could lead to the spread of infectious diseases, and this can also be considered 'irreparable serious harm.'"

However, the Court ruled, "Considering the special nature of the lawyer exam, which has restrictions on the exam period and number of attempts, whether not providing sufficient exam opportunities to confirmed cases, etc., infringes on examinees' freedom to choose a profession requires the main trial's examination."

Accordingly, the Ministry of Justice announced that following the Constitutional Court's partial acceptance of the provisional injunction request, confirmed cases will be allowed to take the exam under separate supervision in isolated locations or hospitals. The Ministry of Justice explained, "Self-quarantined individuals were allowed to take the exam regardless of timing before the acceptance decision," and "So far, there are no self-quarantined or confirmed examinees."

Earlier, examinees of the lawyer exam filed a constitutional complaint and a provisional injunction request on the 29th of last month, arguing that the announcement limiting exam opportunities for confirmed cases and others infringed on their freedom to choose a profession and right to life. The examinees claimed, "If confirmed and self-quarantined individuals cannot take the lawyer exam, their number of exam attempts and exam period should each be extended by one time and one year."

Meanwhile, the Constitutional Court dismissed the rest of the provisional injunction requests except for the restrictions on confirmed and high-risk individuals' exam participation and the advance application period for self-quarantined individuals.

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