Missionary Who Resisted Physical Force from Local Government Head Enforcing 'Facility Closure' Acquitted... "It Was an Illegal Official Act"

Sangju City Loses Lawsuit Over Administrative Order to Close Intercob Mission BTJ World Center Citing "COVID-19 Contamination Concerns"

In January 2021, a closure order from Sangju City is posted at the entrance of the 'BTJ Yeolbang Center' in Sangju, Gyeongbuk. [Image source=Yonhap News]

[Asia Economy Yeongnam Reporting Headquarters Reporter Kim Yong-woo] #. In early January 2021, when the whole world was holding its breath due to the outbreak of COVID-19, Kang Young-seok, mayor of Sangju City, personally executed an administrative order to close a facility of a missionary organization in the Gyeongbuk region over concerns of infection. The missionary responsible for operating the facility blocked the entry, saying "You cannot enter without a warrant," while the Sangju City officials countered, "This is an official duty that does not require a warrant, so do not interfere." When Mayor Kang tried to forcibly enter, the missionary grabbed his hand and pushed his chest. What happened to the missionary who was prosecuted by Sangju City for obstructing official duties?

A ruling has been made that it was unlawful for the local government to execute an administrative order such as temporary closure of the facility based on the judgment that it was a COVID-19 contaminated facility without clear evidence.

The defendant, who was prosecuted for obstructing official duties by physically resisting such unlawful execution, was also acquitted.

According to the Sangju Branch of Daegu District Court (Judge Choi Dong-hwan) on the 27th, Jang, a missionary operating the Intercop Missionary BTJ World Center, a missionary organization in Sangju City, Gyeongbuk, was prosecuted for obstructing the execution of an administrative order to close the facility on January 7, 2021, to prevent the spread of COVID-19, but was acquitted on the 22nd.

At the time, Jang was accused of obstructing official duties by blocking Mayor Kang Young-seok and officials who arrived at the center for "official duty," grabbing the mayor's hand and arm, and pushing his chest.

The court stated, "The crime of obstructing official duties is established only in lawful cases, and even if one commits assault or intimidation against an official performing unlawful duties, it cannot be treated as obstruction of official duties."

It also stated, "It is difficult to conclude that the temporary closure and partial traffic blockage measures on the access road taken by the Sangju mayor against the BTJ World Center were lawful."

Judge Choi Dong-hwan ruled, "Although the mayor of Sangju claimed to have taken measures judging the center as a place contaminated with COVID-19, it is difficult to recognize that it was a contaminated place at the time of official duty, and witnesses including the mayor could not provide grounds to judge that the facility was contaminated with the coronavirus."

He added, "The execution of the administrative order violated procedural requirements such as prior notice and hearing as stipulated by the Administrative Procedures Act, making it unlawful," and explained the reason for acquittal, "Since it cannot be regarded as lawful execution, even if the defendant grabbed the mayor's hand and arm and pushed his chest in resistance to the mayor's attempt to enter the facility, the crime of obstructing official duties is not established."