Court Rulings on Successive 'Quarantine Pass Lawsuits'... Authorities Deliberate Response Measures
[Asia Economy Reporter Kim Daehyun] As court rulings related to the COVID-19 quarantine pass (vaccine certificate and negative test confirmation system) continue to emerge, health authorities are deeply concerned about response measures. Attention is focused on whether additional adjustments will be made to the quarantine pass and social distancing measures.
According to health authorities and the legal community on the 16th, recent court decisions on lawsuits seeking suspension of the quarantine pass have shown conflicting judgments.
First, on the 14th, the Administrative Division 4 of the Seoul Administrative Court (Chief Judge Han Wongyo) partially accepted the injunction (suspension of effect) request filed by 1,023 people including Professor Jo Doohyung of Yeungnam University College of Medicine, medical professionals, and religious figures against the Mayor of Seoul.
The Administrative Division 4 ruled, "Considering the usage patterns, stores, marts, and department stores have relatively low risk," and stated, "Including stores, marts, and department stores over 3,000㎡, which are essential living facilities, uniformly under the quarantine pass application and controlling the entry of unvaccinated individuals constitutes an excessive restriction."
On the other hand, the Administrative Division 13 of the Seoul Administrative Court (Chief Judge Jang Nakwon) dismissed the injunction lawsuit filed by the minor political party Revolution 21 against the Minister of Health and Welfare regarding the quarantine pass for large marts on the same day. The court judged that it was necessary to maintain the effectiveness of the quarantine pass to protect public welfare.
The Administrative Division 13 stated, "The daily number of confirmed COVID-19 cases has continuously exceeded 3,000, maintaining a serious quarantine crisis," and added, "Even considering the applicant's irreparable damage, it is difficult to exclude the possibility that suspending the effect of this disposition would significantly impact public welfare."
Health authorities plan to announce an official stance including response measures on the 17th after internal discussions. Park Hyang, head of the Central Disaster and Safety Countermeasures Headquarters’ Quarantine General Division, said in a radio interview on the 14th, "Two court rulings came out with conflicting views today," and added, "We will comprehensively assess various situations over the weekend and announce an official position at the Central Disaster and Safety Countermeasures Headquarters on Monday (the 17th)."
On the same day, Son Youngrae, head of the Social Strategy Division of the Central Disaster and Safety Countermeasures Headquarters, said, "Last December, when the outbreak rapidly spread with nearly 8,000 patients, the situation was different. Now that the outbreak has somewhat stabilized, we originally planned to lift the quarantine pass starting with low-risk facilities, but the recent court decision has made the situation ambiguous."
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Meanwhile, health authorities announced that the high-intensity social distancing measures will be extended until the 6th of next month. Accordingly, operating hours restrictions for restaurants and cafes will be maintained until 9 p.m. However, the limit on private gathering sizes will be eased from 4 to 6 people in consideration of the Lunar New Year holiday.
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