Court Suspends Effectiveness of Quarantine Pass for Lawyers' Detention Center Visits

On the afternoon of the 14th, a notice regarding the quarantine pass (vaccine certificate and negative test confirmation system) is posted at the entrance of a restaurant in Jongno-gu, Seoul, ahead of the dinner service. [Image source=Yonhap News]

[Asia Economy Reporter Jeong Dong-hoon] The court has put a stop to the Ministry of Justice's measure requiring a quarantine pass (proof of vaccination or negative test) for lawyers to meet their clients in correctional facilities such as detention centers.

According to the legal community on the 18th, the Seoul Administrative Court Administrative Division 5 (Chief Judge Jeong Sang-gyu) fully granted the suspension of execution (suspension of effect) application filed by lawyer Ahn against the Minister of Justice on the 14th.

Accordingly, lawyers can now meet their clients in correctional facilities without presenting a COVID-19 vaccination certificate or a negative PCR (polymerase chain reaction) test result. The effect of this decision lasts until the first trial verdict of the main lawsuit filed by lawyer Ahn is announced.

The court ruled, "It is an unreasonable discrimination if a lawyer who has not completed vaccination cannot meet inmates in the general visitation room of correctional facilities without presenting a PCR negative certificate issued within 48 hours."

It added, "This not only severely restricts the lawyer's visitation rights but also limits the inmate's right to legal assistance, potentially causing an unjust result that exceeds the minimum necessary restrictions."

The court further explained, "There is no objective evidence confirming infection cases through lawyers during visitation in correctional facilities, nor is there objective data showing that unvaccinated lawyers pose a significantly higher risk of spreading COVID-19 compared to vaccinated groups to justify restricting their visitation."

Moreover, "Lawyers meet in visitation rooms equipped with partitions while wearing masks, making it difficult to consider the situation as crowded, enclosed, or close-contact. Above all, it is hard to find a reasonable basis in law to apply the quarantine pass to lawyer visitations in correctional facilities without clear legal grounds," the court emphasized.

The Ministry of Justice argued that there are no restrictions on unvaccinated lawyers meeting inmates in correctional facilities, but this was not accepted. The court stated, "It appears that the applicant was required to present proof of vaccination completion or a negative PCR test at the main gate of Uijeongbu Prison, and if unable to present these, entry itself was restricted," rejecting the Ministry's claim.