"Why Only Seoul Excluded?"... Concerns Over Confusion at Sites Due to Inconsistent Rulings on Quarantine Pass

On the 14th, a customer is going through the quarantine pass verification process at the Lotte Department Store main branch in Jung-gu, Seoul.
[Photo by Yonhap News]

[Asia Economy Reporter Kwon Seoyoung] As the court partially suspended the effectiveness of the COVID-19 quarantine pass (vaccine certificate and negative test confirmation system), citizens are increasingly complaining about confusion due to differing application standards in each region.

According to the legal community on the 15th, a total of six injunction applications requesting suspension of the quarantine pass's effectiveness have been submitted to the court. The court has made decisions on three cases as of this day. On the 4th, the Seoul Administrative Court, Administrative Division 8 (Chief Judge Lee Jonghwan) accepted the application from the Together Private Education Union (Hamsayeon) and others, suspending the effectiveness of the quarantine pass applied to academies, reading rooms, and study cafes nationwide.

Additionally, on the 14th, the same court's Administrative Division 4 (Chief Judge Han Wongyo) partially accepted the application from Professor Jo Doohyung of Yeungnam University College of Medicine and others, suspending the effectiveness of the quarantine pass applied to stores, marts, and department stores over 3000㎡ in Seoul, and suspending the quarantine pass's effectiveness for all 17 types of facilities for adolescents aged 12 to 18.

However, this decision is limited to the announcement by Seoul City and does not apply to other regions, and the suspension period lasts until 30 days after the first trial ruling of the related main lawsuit is delivered. In this ruling, Administrative Division 4 stated, "The act of the Minister of Health and Welfare directing the implementation of quarantine pass-related measures is an internal act between administrative agencies commanding city and provincial governors within the necessary scope of disaster management, and itself does not directly cause changes to specific rights, obligations, or legal relationships of the general public, so it cannot be regarded as an administrative disposition subject to litigation."

Citizens are waiting to dine as the quarantine pass is in effect at a restaurant in Incheon.
[Photo by Yonhap News]

However, on the same day, the same court's Administrative Division 13 (Chief Judge Jang Nakwon) dismissed the application filed by Hwang Jangsu, representative of the extraparliamentary party Revolution 21, requesting suspension of the quarantine pass's effectiveness for stores, marts, and department stores. In this process, Administrative Division 13, unlike Administrative Division 4, considered the Ministry of Health and Welfare's quarantine measures to effectively constitute administrative dispositions subject to litigation, but stated, "Although it is recognized that the applicant may suffer irreparable damage, it is difficult to see an urgent need to immediately suspend the quarantine pass's effectiveness to resolve that possibility."

As such, the court's judgments currently diverge in several aspects. Regarding the necessity of the quarantine pass applied to stores, marts, and department stores over 3000㎡, Administrative Division 4 judged it as an excessive restriction, while Administrative Division 13 issued a ruling stating there is no problem. Also, regarding how much vaccines help overcome the quarantine crisis, Administrative Division 8 emphasized that both vaccinated and unvaccinated individuals have low infection rates, whereas Administrative Division 4 recognized the public interest of the quarantine pass.

With the court's judgments diverging like this, confusion surrounding the quarantine pass is expected to continue for the time being. It is difficult to predict the outcomes of the remaining three injunction applications, and if the parties appeal the rulings, the results may be reversed in higher courts. Currently, as conclusions such as the suspension of effectiveness applying only in Seoul for marts and department stores emerge, there are also movements to submit additional injunction applications for quarantine pass dispositions by local governments.