Authorities: "Restaurants refusing entry to unvaccinated individuals cannot be punished under current law"

[Image source=Yonhap News]

[Asia Economy Reporter Lee Chun-hee] As the vaccination certificate and negative test confirmation system (quarantine pass) has been fully expanded to restaurants and cafes, controversy has arisen as some establishments refuse entry not only to those with a negative PCR test certificate included in the quarantine pass but also to 'honbap' (eating alone), which is exempt from the quarantine pass. However, the quarantine authorities state that there are no provisions under current law to punish this, and that related matters need to be reviewed.

On the morning of the 20th, Son Young-rae, head of the Social Strategy Division at the Central Disaster and Safety Countermeasures Headquarters, explained in a COVID-19 briefing regarding this issue, "Penalties for violating the quarantine pass apply when a large number of unvaccinated individuals without a PCR negative certificate enter, resulting in fines. Conversely, if unvaccinated individuals are prohibited from entering (an establishment), fines under the Infectious Disease Control and Prevention Act cannot be imposed."

Since the 6th, the quarantine authorities have introduced the quarantine pass for restaurants and cafes. Accordingly, unless one is a vaccinated individual, unvaccinated persons must carry a PCR negative certificate unless they are COVID-19 recovered, children and adolescents under 18, or exempt from vaccination for medical reasons, in order to freely use dining establishments.

Furthermore, from the 18th, quarantine pass regulations for unvaccinated persons using restaurants and cafes were strengthened. Previously, unvaccinated individuals without a PCR negative certificate could still gather inside restaurants if other members of their party had a quarantine pass or were exempt. However, starting this week, unvaccinated persons without a PCR negative certificate are only allowed single-person use such as 'honbap' (eating alone).

However, in reality, some restaurants are refusing single-person use without a PCR negative certificate, and even denying entry to unvaccinated persons who do have a PCR negative certificate. Despite the quarantine authorities’ regulations allowing use in these cases, unvaccinated individuals who have been refused entry are creating and sharing a 'List of Establishments Refusing Unvaccinated Persons' on social networking services (SNS). As of the 20th, this account claims that 110 establishments have refused entry to unvaccinated persons.

The quarantine authorities find the situation difficult. Head Son stated, "Penalty provisions are strict because they involve infringement of fundamental rights and apply only when violations are clear. (Current regulations) impose fines when a large number of people without a negative certificate enter, but do not apply to penalize prohibiting entry." This means that under current law, even if an owner refuses entry to those with a PCR negative certificate or to unvaccinated persons using single-person service, there are no appropriate regulatory provisions.

However, Head Son added, "It may be possible to address this through consumer protection regulations or discrimination issues, and if complaints are filed with local governments, internal jurisdiction regarding these matters will be established based on complaint handling," and explained, "We will investigate related matters."