Yunho Yunho Likely to Be Fined Less Than 100,000 Won for Violating 'Quarantine Guidelines Compliance Order'
Seoul Central District Prosecutors' Office Requests Fine Imposition to Gangnam-gu Office on 1st
Violation of 'Quarantine Guideline Compliance Order,' Not 'Gathering Restriction and Prohibition Order' per Seoul Mayor's Notice
Group 'Dong Bang Shin Ki' Yunho (real name Jung Yunho). [Image source=Yonhap News]
View original image[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] Yunho Yunho (real name Jung Yun-ho) of the group 'Dong Bang Shin Ki,' who was caught staying at an unauthorized entertainment bar past midnight, is expected to receive a fine of less than 100,000 won.
At the time of the crackdown, according to the Seoul mayor's notice, Yunho's violation was not a criminal offense under the 'gathering restriction/prohibition order' but rather a violation of the 'quarantine guideline compliance order,' which is subject to a fine.
On the 2nd, the Criminal Division 2 of the Seoul Central District Prosecutors' Office (Chief Prosecutor Park Hyun-chul) announced that it had requested the Gangnam District Office to impose a fine on Yunho, who is suspected of violating the Infectious Disease Control and Prevention Act.
Yunho was caught by the crackdown team around 12:35 a.m. the next day after staying well past the COVID-19 quarantine-related business restriction time of 10 p.m. on February 25 at a bar in Cheongdam-dong, Gangnam-gu, Seoul.
The bar where Yunho stayed was registered as a general restaurant, but upon inspection, it was found to be an unauthorized entertainment bar employing female hostesses.
The prosecution has non-detained indicted the business owner A of the unauthorized entertainment bar for violating the Food Sanitation Act and summarily indicted five others, including two employees and three hostesses, for violating the Food Sanitation Act.
Additionally, the prosecution requested the Gangnam District Office to impose fines on a total of 12 people, including these six individuals, two other employees, and four customers including Yunho, for violating the Infectious Disease Control and Prevention Act.
The prosecution stated that the violation of business hours restrictions under the Seoul mayor's notice at the time of Yunho's apprehension corresponds to a violation of the quarantine guideline compliance order, which is subject to fines rather than criminal penalties such as imprisonment or fines.
Article 49, Paragraph 1 of the Infectious Disease Control and Prevention Act lists mandatory measures to be taken by the Director of the Korea Disease Control and Prevention Agency or local governors and discretionary measures by the Minister of Health and Welfare to prevent infectious diseases.
Article 49, Paragraph 1, Item 2 (restriction or prohibition of entertainment, assemblies, rituals, or other gatherings of multiple people) violations of the gathering restriction/prohibition order are punishable by a fine of up to 3 million won under Article 80 (Penalties) of the same law.
On the other hand, violations of the quarantine guideline compliance order under Article 49, Paragraph 1, Item 2-2 (requiring managers, operators, and users of places or facilities with a risk of infectious disease transmission to prepare visitor lists, wear masks, etc.) are subject to fines under Article 83 (Fines), with managers/operators fined up to 3 million won and users fined up to 100,000 won.
In Yunho's case, as a user, he may be fined up to 100,000 won.
The prosecution had no choice but to impose such a light penalty because, at the time of the crackdown, the Seoul mayor's notice did not classify the violation as subject to criminal punishment.
Under the Infectious Disease Control and Prevention Act, local governors can designate targets for gathering restriction/prohibition orders and quarantine guideline compliance orders through notices, and according to the Seoul mayor's notice at the time, violation of business hours restrictions was classified as a violation of the quarantine guideline compliance order, subject to fines.
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Currently, under the application of the 4th level social distancing, the notice has been revised so that violation of business hours restrictions corresponds to a violation of the gathering restriction/prohibition order and is subject to criminal penalties (fines).
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