Indoor Sports Business Operators' Constitutional Appeal: "Ban on Gatherings Without Loss Compensation Regulations Is Unconstitutional"

Indoor Sports Business Operators File Constitutional Appeal Against 'Gathering Ban'
Spread Continues Ahead of Social Distancing Level Adjustment
Self-Employed Workers' Opposition Expected to Intensify

Representatives of the Pilates and Fitness Business Federation held a press conference on the 29th in front of the Constitutional Court in Jongno-gu, Seoul, to proceed with the third collective constitutional complaint following the first and second civil damage lawsuits related to indoor sports facilities. They filed the constitutional complaint, arguing that the government's assembly ban order to prevent the spread of COVID-19 lacks provisions for compensation for losses, which may be unconstitutional. Photo by Kim Hyun-min kimhyun81@

[Asia Economy Reporters Byungdon Yoo, Seungyoon Song] Self-employed business owners continue to voice their grievances over quarantine measures such as the ban on gatherings of five or more people and the 9 PM business hour restrictions.

The Pilates & Fitness Business Association (PIBA), representing indoor fitness operators including gyms, held a press conference on the 29th in front of the Constitutional Court in Jongno-gu. They filed a constitutional complaint arguing that the government’s ban on gatherings to prevent the spread of COVID-19 is unconstitutional due to the absence of loss compensation regulations. The group stated, "The Infectious Disease Control and Prevention Act and the government’s ban on gatherings without minimum loss compensation regulations are unconstitutional," adding, "If retroactive compensation for losses incurred up to the third wave is not provided, we will proceed with recruiting plaintiffs for lawsuits covering the fourth and fifth waves."

Previously, they had filed two lawsuits seeking damages against the government. The group also demanded ▲ the establishment of communication channels such as hotlines to support industries excluded from subsidy payments ▲ provision of local government subsidies by the Seoul Metropolitan Government ▲ and retroactive application of loss compensation for the third wave.

As the government announced detailed implementation plans for the COVID-19 vaccination, medical staff and soldiers are moving at the Central COVID-19 Vaccination Center at the National Medical Center in Jung-gu, Seoul on the 29th. Photo by Mun Ho-nam munonam@

Collective actions such as damage claims against the government continue. Other civic groups, including the Mom Pyeonhi Jangsahagopeun Sangin Moim (Mom Sangmo) and the Korea Federation of Small Business Owners and Self-Employed, have also filed constitutional complaints with similar intentions. Representatives of 17 small business civic groups held a joint press conference in front of the Blue House fountain the day before, demanding relaxation of the 9 PM business hour restrictions, arguing that depending on the industry, the measures amount to a ban on gatherings. Owners of clubs, emotional pubs, and colatecs, along with the Korea Entertainment Food Service Association, also held a press conference in front of Seoul City Hall demanding the lifting of the ban on gatherings.

On the other hand, as the adjustment of social distancing levels approaches, the overall framework of quarantine rules, including the ban on private gatherings of five or more people, is likely to remain in place due to the persistent spread of COVID-19. If the quarantine authorities maintain the current social distancing levels, backlash from self-employed business owners is expected to intensify.

With COVID-19 cases not decreasing, the government appears set to maintain the current social distancing levels (Level 2.5 in the metropolitan area and Level 2 in non-metropolitan areas) for the time being. According to the Central Disaster and Safety Countermeasures Headquarters (CDSCH), as of midnight on the day, the number of new domestic COVID-19 cases was 469, marking the second consecutive day in the mid-to-high 400s.

In particular, the ban on private gatherings of five or more people is likely to continue at least until the Lunar New Year holiday. The justification for maintaining this ban is that it has reduced the daily number of confirmed cases from over 1,000 to less than half.

However, the issue of lifting the 9 PM business hour restriction reportedly remains sharply divided in CDSCH meetings. Concerns have been raised that prolonged strict social distancing has increased quarantine fatigue as many self-employed business owners face dire livelihoods.

The government has postponed the announcement on whether to adjust the social distancing levels, originally scheduled for that day, and plans to announce the decision over the weekend on the 30th or 31st.

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