Appeal Dismissed...3 Million Won Fine
The original verdict against Son Hyunbo, senior pastor of Busan Segyero Church, who was fined for holding large in-person worship services in violation of assembly restriction orders during the COVID-19 crisis, has been finalized.
On the morning of the 26th, the Second Division of the Supreme Court (Presiding Justice Oh Kyungmi) dismissed Pastor Son's appeal on charges of violating the Infectious Disease Control and Prevention Act and upheld the lower court ruling that imposed a fine of 3 million won. The court of first instance had fined him 3.7 million won, and the court of second instance had sentenced him to a fine of 3 million won.
The court stated, "There is no misunderstanding of the legal principles regarding the establishment of the crime of violating the Infectious Disease Control and Prevention Act in the lower court's judgment."
Pastor Son was indicted on charges of holding in-person worship services at his church on four occasions between August and September 2020, even though the Busan Metropolitan City Government had issued an assembly restriction order that completely banned in-person gatherings. He was also reported to have hosted in-person worship services on five occasions in January of the following year, again in violation of Busan's assembly restriction order.
In the first and second trials, he argued that "the provisions of the Infectious Disease Control and Prevention Act infringe upon freedom of religion" and that "it is unconstitutional because it imposes criminal penalties for violations of administrative regulations that are not subject to social or ethical condemnation and do not pose social danger."
However, the court did not accept this argument. The appellate court stated, "Quarantine-related measures taken by administrative authorities to prevent the spread of infectious diseases are intended to promote and maintain public health, and therefore there is a strong need to punish violations of such measures," adding, "The fact that the orders were violated repeatedly on multiple occasions is an aggravating factor."
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