Welfare Ministry "Discussing Response to Court Decision"... Aftermath of Partial Suspension of Quarantine Pass Effect (Comprehensive)

[Asia Economy reporters Seo So-jeong and Kim Dae-hyun] The court has partially suspended the effectiveness of the COVID-19 vaccination certificate and negative test confirmation system (quarantine pass), putting a brake on the government's expansion of the quarantine pass. In particular, the suspension of the quarantine pass for all 17 types of facilities for adolescents aged 12 to 18 is expected to cause aftershocks. With six administrative lawsuits related to the quarantine pass already underway and four constitutional complaints filed, this situation could have a cascading effect.

Son Young-rae, head of the Social Strategy Division at the Central Disaster and Safety Countermeasures Headquarters, said on a radio broadcast on the 14th regarding the court's decision, "While the public interest of the quarantine pass itself is recognized, the court judged that applying the quarantine pass to department stores and large marts in Seoul is excessive," adding, "Regarding those aged 12 to 18, the necessity of public interest seems somewhat lower, so the court accepted these two points."

◆Government: "Quarantine pass effectiveness is clear" vs Court: "Restrictions are excessive"= Son said, "The quarantine pass is a preventive measure to block infections and transmissions among the unvaccinated, reduce the overall scale of the outbreak, preserve the healthcare system, and shorten social distancing," adding, "With the current outbreak, the policy of expanding the quarantine pass has reduced confirmed cases. Although the expansion is understandable as it is the first time, the court seems to think there are excessive parts."

With the court's brake on the adolescent quarantine pass, the government is currently discussing related responses. Son explained, "The government views it as essential and necessary and believes the effectiveness has been well demonstrated. We will discuss how to respond further and act based on the results of that discussion."

However, the government reiterated that the necessity is significant given the sufficient effectiveness of the quarantine pass during the COVID-19 pandemic. Son mentioned, "Last December, when the outbreak expanded rapidly with nearly 8,000 patients, the spread was fast," and added, "Now that the outbreak is somewhat stabilized, the plan was originally to lift the quarantine pass starting with low-risk facilities, but the court's decision has made this ambiguous."

The Seoul Administrative Court's Administrative Division 4 (Chief Judge Han Won-gyo) partially accepted the injunction (suspension of effectiveness) application filed by 1,023 people including Professor Jo Doo-hyung of Yeungnam University College of Medicine, medical professionals, and religious figures against the Mayor of Seoul on the afternoon of the same day.

As a result of this decision, the quarantine pass applied to stores, marts, and department stores over 3,000㎡ in Seoul will be suspended. Currently, there are about 460 'large-scale stores' over 3,000㎡ under the Distribution Industry Development Act in Seoul. Additionally, the quarantine pass will be suspended for all 17 types of facilities for adolescents aged 12 to 18. The quarantine pass for those aged 18 and over at other facilities such as PC rooms, restaurants, cafes, movie theaters, and sports stadiums will remain as before.

◆Fairness controversy as only Seoul's effectiveness is suspended= The court stated in its decision, "It is difficult to see a reasonable basis for restricting adolescents aged 12 to 18, who have a significantly low rate of severe illness and no death cases from COVID-19, as subjects of the quarantine pass," adding, "Moreover, for adolescents, given the unknown long-term effects of vaccine side effects and adverse reactions, and considering individual health conditions and infection risks, the need to guarantee bodily autonomy in deciding whether to receive the COVID vaccine is greater compared to adults."

It continued, "Considering that adolescents have a significantly lower chance of progressing to severe illness even if infected with COVID-19, not applying the quarantine pass to this age group is unlikely to cause serious adverse effects on public welfare such as an increase in severe cases."

Regarding the government's position that there is no urgent need to suspend effectiveness since the quarantine pass for adolescents aged 12 to 18 was scheduled to be applied from March 1, with a grace period until April 1, the court explained, "To be fully vaccinated and eligible to enter facilities subject to the quarantine pass by the application date, vaccination must begin about six weeks prior, considering intervals and effectiveness onset. Therefore, there is an urgent need to prevent harm even at this point."

Furthermore, the court said, "While restaurants and cafes have a higher risk of infection due to difficulty wearing masks, stores, marts, and department stores have relatively lower risk based on usage patterns," and added, "Seoul's blanket application of the quarantine pass to stores, marts, and department stores over 3,000㎡, which are essential living facilities, and restricting unvaccinated individuals' access constitutes an excessive restriction."

Notably, this decision is limited to Seoul's announcement and does not apply to other regions, raising fairness concerns. The suspension period lasts until 30 days after the first trial ruling in the related main lawsuit is delivered.

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