by Cho Seongpill
Published 21 Nov.2020 09:02(KST)
Updated 21 Nov.2020 09:20(KST)
[Asia Economy Reporter Seongpil Cho] The CEO of the famous franchise entertainment bar 'Junko,' who resumed operations ignoring the local government's assembly ban order, was fined by the court.
According to the legal community on the 21st, Judge Jung Young-chae of the Seoul Central District Court Criminal Division 11 sentenced Kim, the CEO of the entertainment bar Junko, who was indicted for violating the Infectious Disease Prevention and Control Act, to a fine of 2 million KRW. The company corporation was fined 3 million KRW. The court stated, "Considering the risk of transmission of the novel coronavirus infection (COVID-19) and the importance of quarantine and preventive measures, the nature of the crime is serious and strict punishment is necessary," adding, "The maximum statutory penalty is set at a fine of up to 3 million KRW, and this was taken into account when determining the sentence."
Junko Music Town Gangnam Branch No. 1, operated by Kim, was caught violating infectious disease prevention rules by the local government on March 26 and was ordered to suspend assembly from March 30 to April 5. However, Kim instructed employees to resume operations on March 31, just five days after being caught, allowing customers to purchase alcoholic beverages and food as usual.
During the trial, Kim's side made somewhat absurd claims. They argued that the assembly ban order received from the local government was an illegal disposition, so violating it does not constitute a violation of the Infectious Disease Prevention Act. Kim's side stated, "The assembly ban order was an illegal disposition that exceeded the scope of the underlying law and violated the principles of equality and proportionality."
However, the court did not accept Kim's claims and judged the local government's assembly ban order to be lawful. The court stated, "The defendant did not maintain a distance of at least 1 meter between users inside the facility and did not prepare disinfection and ventilation logs," adding, "It is recognized that the defendant violated the eight major operational rules for infectious disease prevention." Furthermore, the court explained, "Even considering the defendant's legal interests infringed by the assembly ban order, it cannot be seen as violating the principles of proportionality and equality."
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