"If private sector applies its own quarantine pass without discriminatory elements, authorities cannot intervene"

On the afternoon of the 2nd, officials from Busanjin-gu Office are posting a notice about the "Quarantine Pass" (vaccine pass, vaccination certificate, and negative test confirmation system) at a gym in Busanjin-gu. [Image source=Yonhap News]

[Asia Economy Reporter Chunhee Lee] The 'quarantine pass (vaccination certificate and negative test confirmation system),' which is being pilot-applied during the introduction of 'gradual daily recovery (With Corona),' is increasingly being adopted independently in the private sector beyond the areas designated by the government. The quarantine authorities stated that, provided there are no discriminatory elements, this is a 'reasonable measure based on medical judgment.'

On the morning of the 4th, Son Young-rae, head of the Social Strategy Division at the Central Disaster and Safety Countermeasure Headquarters, said at the COVID-19 briefing, "If the private sector independently applies the quarantine pass centered on those who have completed vaccination as part of restoring daily activities, which was not previously done, the government does not consider it a measure that can be prohibited or blocked." He added, "Gradual daily recovery is about expanding daily life centered on those who have completed vaccination," and "It is reasonable to expand various measures that were not previously implemented in the private sector to focus on those who have completed vaccination."

Since the 1st, the government has been implementing the quarantine pass system, which allows only those who have completed COVID-19 vaccination, those who have tested negative via polymerase chain reaction (PCR), and children and adolescents under 18 to use high-risk multi-use facilities such as indoor sports facilities, bathhouses, and entertainment venues. However, some universities have independently applied the quarantine pass outside the government-designated high-risk facilities, such as restricting face-to-face class participation for those without the pass or granting hiring qualifications only to those who possess the pass during recruitment. The authorities have stated that they cannot intervene in this matter.

However, it was clearly emphasized that if such measures constitute discriminatory acts, they are legally prohibited. Son said, "If the disadvantage due to non-vaccination contains discriminatory elements, it should be judged whether it falls under the general legal framework's anti-discrimination provisions." However, he added, "This is not something the quarantine authorities should decide," and "Whether it is discrimination or not should be determined according to relevant laws."

Son also emphasized, "However, incentives or measures considering medical safety that are difficult to define as discrimination are fully possible." He elaborated that if a university holds a small festival where only those who have completed vaccination can participate, this is "not discrimination but a reasonable measure based on medical judgment to safely restore daily life."

Son added, "Demanding that vaccinated and unvaccinated individuals be treated equally without any distinction ignores medical opinions on the infection prevention effect of vaccination and its effect on preventing severe illness and death," and "We have no intention to forcibly stop or intervene in measures that were previously prohibited or not implemented in the private sector, considering risk and safety as these measures are restored."