"Ignore Seoul City Text 'Get Tested for COVID-19,' 60s Defendant Acquitted in First Trial"

Court: "Order and Notice Invalid Due to No Specific Deadline for Compliance Order"

[Asia Economy Reporter Yoo Byung-don] A woman in her 60s who ignored a text message from Seoul city instructing her to "get a COVID-19 test" after visiting a church where a COVID-19 cluster infection occurred was acquitted in the first trial.

On the 24th, Judge Jeon Beom-sik of the Criminal Division 3 at the Seoul Southern District Court announced that he had acquitted Ms. A, who was charged with violating the Infectious Disease Control and Prevention Act (Infectious Disease Prevention Act).

Earlier, Ms. A, a member of a church located in Seongbuk-gu, Seoul, visited the church around August 2, 2020, and on the 19th of the same month, received a text message from Seoul city containing an image file titled 'COVID-19 Diagnostic Test Compliance Order.' This was because the church was classified as an infectious disease outbreak area.

The text message stated, "In accordance with the Infectious Disease Prevention Act, a COVID-19 diagnostic test compliance order is issued for all members of Church B and those who visited the church between August 7 and 13." It also instructed, "After receiving this message, please visit the nearest public health center or screening clinic as quickly as possible to get a COVID-19 diagnostic test," and warned, "Failure to comply may result in punishment under the Infectious Disease Prevention Act."

However, Ms. A ignored this order from Seoul city and did not undergo the COVID-19 test.

Judge Jeon stated, "Upon reviewing Ms. A's health examination compliance order, it was found to be an unlawful order and notification," adding, "According to the Infectious Disease Prevention Act before its amendment, a health examination order must be issued to a person suspected of having an infectious disease, but instead of issuing such an order, only an image file was sent via text message."

He continued, "The part stating 'as quickly as possible' without clearly specifying the compliance deadline also exceeded the lawful limits," and concluded, "The indictment in this case, which assumes the compliance order was lawful, falls under the category of lack of proof of crime," thereby acquitting Ms. A.