Health Authorities: "Court Decisions Diverge on Quarantine Pass... Official Position on the 17th"

On the 10th, citizens were checking the validity of their quarantine passes to enter a large supermarket in downtown Seoul. Photo by Mun Ho-nam munonam@

[Asia Economy Reporter Kim Daehyun] As conflicting court rulings have emerged regarding the effectiveness of the COVID-19 quarantine pass (vaccine certificate and negative test confirmation system), the quarantine authorities have decided to hold internal discussions and announce an official stance, including response measures, on the 17th.

On the afternoon of the 14th, Park Hyang, head of the Central Disaster and Safety Countermeasures Headquarters' quarantine team, said on TBS Radio's "Shin Jang-sik's Shin Jang Open" that "two court rulings have come out with conflicting judgments," and added, "We will comprehensively assess various situations over the weekend and announce an official position at the Central Disaster and Safety Countermeasures Headquarters on Monday (the 17th)."

On the same day, two different rulings related to the quarantine pass were issued by the Seoul Administrative Court. First, the Administrative Division 4 of the Seoul Administrative Court (Chief Judge Han Won-gyo) partially accepted the injunction (suspension of effect) request filed by 1,023 people including Professor Jo Doohyung of Yeungnam University College of Medicine, medical professionals, and religious figures against the Mayor of Seoul.

The court stated, "Considering the usage patterns, stores, marts, and department stores have relatively lower risk," and ruled, "Including stores, marts, and department stores with an area of 3,000㎡ or more, which are essential living facilities, uniformly as subjects of the quarantine pass and controlling the entry of unvaccinated individuals is an excessive restriction."

As a result of this decision, the effectiveness of the quarantine pass applied to stores, marts, and department stores over 3,000㎡ in Seoul is suspended. Currently, there are about 460 'large-scale stores' under the Distribution Industry Development Act with an area of 3,000㎡ or more in Seoul. Additionally, for adolescents aged 12 to 18, the quarantine pass is suspended for all 17 types of facilities. The quarantine pass for those aged 18 and over at other facilities such as PC rooms, restaurants, cafes, movie theaters, and sports stadiums remains in effect as before.

On the other hand, the Administrative Division 13 of the Seoul Administrative Court (Chief Judge Jang Nak-won) dismissed the injunction lawsuit filed by the minor political party Revolution 21 against the Minister of Health and Welfare regarding the quarantine pass for large marts.

The court reasoned, "There does not appear to be a significant risk of immediate irreparable harm to the applicant due to the application of the quarantine pass," and added, "The daily number of confirmed COVID-19 cases has continuously exceeded 3,000, and a serious quarantine crisis persists."

Furthermore, it stated, "Even considering the applicant's irreparable harm, it is difficult to exclude the possibility that suspending the effect of this disposition would significantly impact public welfare," adding that it is necessary to maintain the effectiveness of the quarantine pass to protect public welfare.