Class Action Lawsuit Against Local Governments Over 'Anti-Quarantine Pass', 300 Participants From the Start

Submission of Petition Against Daegu Mayor on 24th
Over 10,000 People Expected if Expanded Nationwide

[Image source=Yonhap News]

[Asia Economy Reporter Seongpil Cho] A large-scale class action lawsuit demanding the withdrawal of the vaccine pass (proof of vaccination or negative test) is showing signs of spreading nationwide against local governments. More than 300 people have already joined the lawsuit against the mayor of Daegu, the first target. Since lawsuits against all local governments nationwide are anticipated, it is expected that at least several thousand, and possibly more than 10,000 people, will participate across the country.

Yoon Yong-jin, the attorney representing this lawsuit, told Asia Economy on the 21st, "More than 300 plaintiffs were recruited by the deadline the day before for the lawsuit filed against the mayor of Daegu," adding, "After organizing the plaintiff group, we plan to submit the complaint to the court on the 24th." In addition to Attorney Yoon, attorneys Do Tae-woo and Park Joo-hyun will also participate as legal representatives. The lead plaintiff is Professor Jo Doo-hyung of Yeungnam University College of Medicine. They recently represented cases requesting suspension of enforcement of the vaccine pass against the Minister of Health and Welfare, the Director of the Korea Disease Control and Prevention Agency, and the Mayor of Seoul at the Seoul Administrative Court, securing partial approval. The main lawsuit is currently under trial.

This lawsuit is an extension of the previous case. On the 14th, the Administrative 4th Division of the Seoul Administrative Court (Presiding Judge Han Won-gyo) ruled in the suspension of enforcement application case that the Ministry of Health and Welfare’s ‘Additional Special Quarantine Measures’ do not constitute an administrative disposition, accepting only the application against the Seoul city announcement. This was based on the court’s judgment that government quarantine measures take effect only through local government announcements, so the suspension of effect is limited to local government announcements. Immediately after the court’s decision, Attorney Yoon and others announced additional lawsuits against local governments nationwide except Seoul, starting the ‘relay lawsuit’ first against the mayor of Daegu.

In the lawsuit against the mayor of Daegu, Attorney Yoon and others plan to demand the withdrawal of the vaccine pass applied to 11 types of multi-use facilities such as restaurants and cafes in Daegu city, as well as the vaccine pass for adolescents. Although the court decision suspended the vaccine pass effect only for stores, marts, and department stores over 3,000㎡ in Seoul, the government, considering regional confusion, has currently lifted the vaccine pass application for six types of facilities nationwide, including libraries, movie theaters, and performance halls. For adolescents aged 12 to 18, the vaccine pass effect was suspended by court decision, but the government insists on enforcing the adolescent vaccine pass through an immediate appeal. Attorney Yoon said, "In this lawsuit, we will especially seek to withdraw the adolescent vaccine pass that the government stubbornly maintains."

Attorney Yoon and others plan to gradually expand the class action lawsuits against local governments, focusing on the Yeongnam region including Busan. They will continue to challenge the court’s judgment limiting administrative dispositions to local government announcements through immediate appeals. During the hearing on the suspension of enforcement application held on the 7th at the Administrative 4th Division of the Seoul Administrative Court, they strongly opposed the Ministry of Health and Welfare’s claim that "government quarantine measures do not constitute administrative dispositions," which shifted responsibility to local governments, calling it a ‘trick.’ On the 19th, Attorney Yoon and others filed an immediate appeal against the partial approval decision by the Administrative 4th Division of the Seoul Administrative Court that included this content. This case will be handled by the Seoul High Court.

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