COVID-19 Positive Cases 'Prohibited from Taking Exams' Unconstitutional... Constitutional Court Says "Difficult to Justify Deprivation of Opportunity"

Ministry of Justice Announces Ban on COVID-19 Positive Candidates for the 10th Bar Exam
Constitutional Court States "Cannot Conclude Serious Issues in Exam Operation and Management"

The Constitutional Court has ruled that the Ministry of Justice's announcement restricting COVID-19 positive individuals from taking the bar exam is unconstitutional.

Chief Justice Yoo Nam-seok of the Constitutional Court (center) and the justices are seated in the Grand Bench of the Constitutional Court in Jongno-gu, Seoul, on the afternoon of the 23rd.
[Image source=Yonhap News]

On the 23rd, the Constitutional Court made a unanimous decision in a constitutional complaint case filed by Mr. A and others against the Ministry of Justice's announcement prohibiting COVID-19 positive individuals from taking the exam, declaring it unconstitutional.

On September 17, 2020, the Ministry of Justice announced the implementation plan for the 10th bar exam (scheduled for January 5-9, 2021). The announcement prohibited COVID-19 positive individuals from taking the exam and restricted the participation of those in self-quarantine and high-risk groups.

In response, Mr. A and others filed an injunction request with the Constitutional Court, which granted a provisional injunction suspending part of the Ministry of Justice's announcement. Following the injunction decision, COVID-19 positive individuals were allowed to take the bar exam.

The Constitutional Court stated, "Since separate testing sites and supervisors were prepared for those in self-quarantine, it is neither impossible nor difficult to allow individuals who were notified of self-quarantine after the application deadline to take the exam at separate testing sites. It cannot be concluded that serious problems would arise in the operation or management of the exam," and added, "Depriving the opportunity to take the exam for those notified of self-quarantine after the application deadline solely for the convenience of exam operation and management is difficult to justify."

Furthermore, the Court noted, "Since individuals who develop fever or respiratory symptoms upon entering the exam site or during the exam are allowed to take the exam in a separate preliminary testing room isolated from the general exam rooms, the purpose of preventing the spread of infectious diseases can be sufficiently achieved through this measure," and stated, "Examinees whose symptoms worsen may stop the exam or request transfer to a medical institution at their own discretion. Even if the decision to continue the exam is left to the examinee's will, it is unlikely to cause serious disruption to the operation or management of the exam."

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