[Asia Economy Reporter Kim Hyung-min] The court has suspended the effectiveness of the quarantine pass (vaccine certificate and negative test confirmation system) only for certain industries and adolescents within Seoul, and the plaintiffs announced on the 16th that they will file an immediate appeal.
Park Joo-hyun, a lawyer representing about 1,000 plaintiffs including Professor Jo Doo-hyung of Yeungnam University College of Medicine and figures from the medical and religious communities, said in a phone interview with Yonhap News Agency, "We will submit an immediate appeal to the court next week."
Lawyer Park emphasized, "The court stated that disposability is recognized only through the local government head's announcement, but since the guidelines from the Ministry of Health and Welfare and the Korea Disease Control and Prevention Agency directly restrict the rights and obligations of the people, disposability should naturally be recognized."
Earlier, the Administrative Division 4 of the Seoul Administrative Court (Chief Judge Han Won-kyo) dismissed the plaintiffs' application against the Ministry of Health and Welfare and the Korea Disease Control and Prevention Agency, stating that the Ministry's 'Additional Special Quarantine Measures' cannot be regarded as administrative dispositions subject to administrative litigation. The government's quarantine measures take effect only through local government announcements, so the suspension of effectiveness is also limited to local government announcements.
The court then partially accepted the application of Professor Jo and others on the 14th, suspending the effectiveness of the quarantine pass applied to stores, marts, and department stores over 3,000㎡ within Seoul, and suspending the quarantine pass for all 17 types of facilities for adolescents aged 12 to 18. Even if an immediate appeal is filed, the suspension of execution remains effective until the higher court's decision, so the quarantine pass is restricted within Seoul.
Lawyer Park argued, "The court only suspended the effectiveness of the quarantine pass for stores, marts, and department stores, so there is no reason not to open science museums, art galleries, and museums in comparison."
He added, "Authorities do not have the right to request personal or location information from ordinary citizens who are not confirmed or suspected infectious disease patients," and said, "We will demonstrate that the quarantine pass is a measure without legal basis."
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