'COVID-19 Movement False Statement Charge' Baek Gyeong-hyeon, Guri Mayor, Acquitted by Supreme Court

10 Million Won Fine in First Trial, Acquittal in Second Trial
Supreme Court: "Epidemiological Investigation Was Not Conducted Legally"

Baek Kyung-hyun, the mayor of Guri City, Gyeonggi Province, who was prosecuted for falsifying his movements after being confirmed with COVID-19, has been acquitted by the Supreme Court.

According to the legal community on the 21st, the Supreme Court's First Division (Presiding Justice Seo Kyung-hwan) upheld the lower court's verdict of not guilty in the appeal trial of Mayor Baek, who was charged with violating the Infectious Disease Control and Prevention Act.

Mayor Baek was indicted for hiding the fact that he attended a political event held in Suwon City, Gyeonggi Province, two days before his diagnosis, and falsely stating that he was at home during the epidemiological investigation after testing positive for COVID-19 in December 2021.

The first trial court acknowledged his guilt, stating, "Considering that he is a mayor responsible for epidemiological investigations during an infectious disease outbreak, the nature of the crime is not light," and sentenced him to a fine of 10 million won.

Mayor Baek appealed, challenging the legality of the epidemiological investigation he underwent at the time, and the second trial court accepted the appeal and acquitted him. The second trial court explained, "Epidemiological investigations must be conducted directly by epidemiological investigation team members who have certain qualifications and are appointed or commissioned by the mayor," and "It is difficult to recognize that the person who investigated Mayor Baek at the time was appointed or commissioned as a member of the epidemiological investigation team."

The team member who investigated Mayor Baek was an army lieutenant dispatched to the Guri City Public Health Center, who was assigned administrative support duties unrelated to medical or quarantine tasks in the military, among other reasons.

The Supreme Court dismissed the prosecutor's appeal, stating, "There is no error in the lower court's judgment regarding the establishment of the crime of violating the Infectious Disease Control and Prevention Act."