Fines Finalized for Kim Moonsoo and Sarang Jeil Church Members for Holding Worship Services During Severe COVID-19 Alert

Supreme Court Upholds 2.5 Million Won Fine
for Former Minister of Employment and Labor Kim Moonsoo

Former Minister of Employment and Labor Kim Moonsoo has received a finalized fine for holding in-person worship services despite the government's assembly ban order aimed at preventing the spread of COVID-19.

On April 24, the First Division of the Supreme Court, presided over by Justice Seo Kyunhwan, upheld the lower court's ruling that sentenced former Minister Kim to a fine of 2.5 million won for violating the Infectious Disease Control and Prevention Act. The sentences for more than 10 others, including the pastor and members of Sarang Jeil Church, who were also charged with the same offense and received fines ranging from 1 million to 3 million won in the appellate court, were also finalized.

Former Minister Kim and others were brought to trial on charges of gathering for in-person worship services four times between March 29 and April 19, 2020, despite the assembly ban order from quarantine authorities, during a period when the COVID-19 crisis alert was raised to "serious" and confirmed cases were increasing nationwide.

The first trial acquitted all the defendants. However, in September of last year, the appellate court found them guilty and imposed fines. The first-instance court, based on the testimony of government officials involved in the decision-making process, stated, "They failed to adequately consider measures less strict than a complete ban on in-person worship," and deemed that the Seoul Metropolitan Government's two assembly ban orders violated the principle of proportionality.

However, the appellate court ruled that the Seoul Metropolitan Government's administrative orders were both procedurally and substantively lawful, and in September of last year, found the defendants guilty and imposed fines. The appellate court stated, "The authorities recommended social distancing measures that had effects substantially similar to restrictions on the number of attendees," and added, "It cannot be considered a violation of the principle of minimum infringement for Seoul Metropolitan Government to impose a ban on in-person worship for churches that expressed their intention not to comply."

The Supreme Court also found no illegality in the Seoul Metropolitan Government's ban on in-person worship at the time, dismissed the appeal, and finalized the fines. Meanwhile, although former Minister Kim's fine has been finalized, it does not affect his presidential ambitions. Under the Public Official Election Act, candidacy rights are only restricted if a sentence of imprisonment or higher is finalized in ordinary criminal cases.