Government Immediately Appeals Suspension of Quarantine Pass Enforcement for Academies and Study Rooms (Comprehensive)

[Image source=Yonhap News]

[Asia Economy Reporter Lim Chun-han] On the 4th, the government announced that it will "immediately appeal" the court's decision to grant a suspension of enforcement on the quarantine pass (vaccination certificate/negative test confirmation system) applied to academies, study rooms, and study cafes.

After reviewing the court's ruling on the same day, the government expressed "regret over the court's decision" and stated that "the application of the quarantine pass to the three types of facilities will be suspended until the main trial verdict." A suspension of enforcement is a measure that temporarily halts the execution or effect of an administrative disposition when there is a concern of irreparable damage caused by the administrative action.

The Ministry of Health and Welfare explained in additional materials that "the Administrative Court has issued a decision to suspend the enforcement of the quarantine pass applied to the three types of facilities?academies, study rooms, and study cafes?until the main lawsuit concludes." Accordingly, from this day forward, academies, study rooms, and study cafes are temporarily excluded from the government's quarantine pass application, allowing unvaccinated adults to use these facilities without separate restrictions.

The government maintained its existing position that expanding the quarantine pass to other facilities is necessary. The government stated, "Since unvaccinated individuals, who make up only 6.2% of the adult population, account for 30% of confirmed cases aged 12 and above and 53% of severe cases and deaths, it is necessary at this point to expand the application of the quarantine pass to protect the health of the unvaccinated and secure the capacity of the critical medical system." It added, "We will expedite the main lawsuit process and promptly decide on whether to appeal the court's suspension of enforcement decision in consultation with the Ministry of Justice."

Earlier, the court put a brake on the mandatory application of the vaccine pass to educational facilities such as academies, judging that "it effectively restricts the rights of the unvaccinated group to access and use academies and study rooms." It further stated, "Among the unvaccinated, those who use academies and study rooms to prepare for school admission, employment, or qualification exams have their right to learn restricted, directly infringing on their freedom of education and freedom of occupational choice. Considering that a significant number of breakthrough infections also occur among vaccinated individuals, it cannot be said that unvaccinated persons pose a significantly high risk of spreading COVID-19 to the extent that facility use should be restricted."

Separately from the court's decision, a hearing on the suspension of enforcement requested by active medical doctors opposing the quarantine pass is scheduled for the 7th, raising the possibility that the government's quarantine pass measures may become embroiled in multiple lawsuits.