Representative Fined 2 Million Won for Violating Infectious Disease Prevention Act
[Asia Economy Reporter Choi Seok-jin] The famous franchise entertainment bar 'Junko' was sentenced to the maximum legal penalty after being caught operating in violation of the quarantine authorities' gathering ban order amid the spread of the novel coronavirus infection (COVID-19).
According to the legal community on the 21st, Judge Jang Young-chae of the Seoul Central District Court Criminal Division 11 sentenced the corporation of the entertainment bar Junko, indicted for violating the Infectious Disease Prevention and Control Act (Infectious Disease Prevention Act), to the maximum fine of 3 million won prescribed by law. The court also sentenced the company representative Kim (42) to a fine of 2 million won.
The court stated the sentencing reason, saying, "Considering the risk of COVID-19 transmission and the importance of quarantine and preventive measures, the nature of the crime is serious and strict punishment is necessary," and "taking into account that the statutory penalty is a fine of up to 3 million won, the sentence was determined."
Junko Music Town Gangnam Branch No.1, operated by Kim, was found to have violated infectious disease prevention rules on March 26, when COVID-19 was rapidly spreading. Despite receiving a gathering ban order from Seocho District Office from March 30 to midnight of April 5, the establishment resumed operations on March 31, selling alcohol and food, and was indicted on these charges.
Article 49 (Preventive Measures for Infectious Diseases) Paragraph 1 Subparagraph 2 of the Infectious Disease Prevention Act stipulates that the Director of the Korea Disease Control and Prevention Agency, provincial governors, or mayors, county governors, or district heads may restrict or prohibit gatherings of multiple people to prevent infectious diseases. Article 80 (Penalties) Subparagraph 7 of the same law prescribes a fine of up to 3 million won for those who violate measures such as gathering bans under Article 49.
During the trial, Representative Kim argued that the gathering ban order from Seocho District Office was illegal as it violated the principle of proportionality, but this claim was rejected.
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