Supreme Court: Strict Interpretation Needed for the Scope of COVID-19 'Epidemiological Investigation'

1st and 2nd Trials, Intercop Missionary Found Guilty of Violating Infectious Disease Control Act
Supreme Court: "Misunderstanding of Legal Principles on Epidemiological Investigation Meaning... Insufficient Deliberation"

[Asia Economy Reporter Heo Kyung-jun] The managers of the BTJ Yeolbang Center, a religious facility of the Intercop Missionary Society led by Shin Ha, who were prosecuted for obstructing COVID-19 epidemiological investigations, will undergo a retrial in the second trial.

The Supreme Court's 3rd Division (Presiding Justice Ahn Cheol-sang) on the 17th overturned the original ruling that sentenced missionary A and others, indicted for violating the Infectious Disease Control and Prevention Act, to one year in prison and a fine of 3 million won, and remanded the case to the Daegu District Court.

The Intercop Missionary Society held a "Global Leadership Competency Development Event" at the BTJ Yeolbang Center over two days from November 27 to 28, 2020. When a participant in the event tested positive for COVID-19, the epidemiological investigator from Sangju City requested missionary A, the center manager, to submit the list of people who entered the facility during the event period and the list of those working at the facility.

However, missionary A refused to submit the list and, fearing that the list of nationwide church members who attended the event would be exposed to quarantine authorities, submitted to Sangju City a list of 543 entrants that omitted some attendees and included the residence and contact information of 96 people who did not actually attend.

Along with missionary A, person B was prosecuted on charges of instructing C, the center's secretary, to remove the assembly ban order issued by the mayor of Sangju City posted near the center's entrance, thereby damaging the indication of the forced disposition and impairing its effectiveness. At that time, Sangju City had ordered restrictions on gatherings and events, limiting indoor church meetings or events to fewer than 50 people and outdoor gatherings to fewer than 100 people.

The first trial recognized guilt for violating the assembly restriction order and refusing the epidemiological investigation but acquitted missionary A of submitting false data, sentencing him to one year in prison and a fine of 3 million won. All charges against person B were recognized as guilty, resulting in a sentence of one year in prison and a fine of 3 million won.

The first trial court judged, "Even if missionary A ultimately submitted a list that did not match the actual attendees, the evidence submitted by the prosecution is insufficient to recognize intent to submit false data or to obstruct official duties by deception."

The second trial upheld the first trial's judgment. It stated, "The request to submit the list was to trace the source of infection of confirmed cases, understand the scale of infectious disease patients, and confirm the infection routes. The defendants' refusal to comply with Sangju City's request constitutes 'refusal of epidemiological investigation' under the Infectious Disease Control and Prevention Act."

However, the Supreme Court's judgment differed. The court ruled that the scope of 'epidemiological investigation' under the Infectious Disease Control and Prevention Act should be interpreted strictly. The court pointed out, "For the defendants' actions to constitute 'refusal of epidemiological investigation' as defined in Article 18, Paragraph 3, Subparagraph 1 of the Infectious Disease Control and Prevention Act, the list submission request by the mayor of Sangju City must fall within the 'epidemiological investigation' defined in Article 18, Paragraph 3 of the Act."

Furthermore, it stated, "The original court erred in misunderstanding the legal principles regarding the meaning of 'epidemiological investigation' as defined in Article 18, Paragraph 3 of the Infectious Disease Control and Prevention Act and failed to conduct the necessary trial."

Previously, in August last year, the Supreme Court also acquitted Lee Man-hee, the general leader of Shincheonji Church of Jesus, the Temple of the Tabernacle of the Testimony (Shincheonji), who was indicted for refusing to submit a list of believers.

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