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Sun, May 29, 2022 | 14:30
Health & Science
Contradicting court rulings over vaccine pass stoke confusion
Posted : 2022-01-16 16:53
Updated : 2022-01-17 09:08
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Visitors scan smartphone QR codes for entry logs at a discount store in Seoul, Sunday. Yonhap
Visitors scan smartphone QR codes for entry logs at a discount store in Seoul, Sunday. Yonhap

9 pm curfew extended through Feb. 6, private gathering limit raised to six

By Lee Hyo-jin

Two contradicting court rulings over the COVID-19 vaccine pass scheme are causing public confusion, with calls mounting from residents outside Seoul to suspend the vaccine pass altogether.

The vaccine pass, which requires visitors to show either a proof of vaccination or negative PCR test result to access multiuse facilities, is facing continuous challenges due to a strong public backlash involving multiple lawsuits.


A Seoul administrative court on Friday ordered the suspension on the vaccine pass system on large supermarkets, discount outlets and department stores measuring 3,000 square meters or more in Seoul, partially accepting an injunction request filed by 1,023 people including doctors.

The suspension was limited to the capital area as the court only accepted the injunction against the Seoul Metropolitan Government, dismissing other stay of execution orders filed against the Ministry of Health and Welfare and the Korea Disease Control and Prevention Agency (KCDA).

"Eateries and cafes have relatively higher risks of infections as masks cannot be worn there, while large stores and department stores have lower risks. Limiting unvaccinated individuals from entering facilities that are essential to daily life is seen as an excessive regulation," the court said.

It has also blocked the government from enforcing the vaccine pass on children aged 12 to 18, which was set to go into effect from as early as February.

Shortly after the court's decision, the health ministry confirmed that the vaccine pass on large stores in Seoul has been temporarily suspended, expressing regrets over the ruling.

Visitors scan smartphone QR codes for entry logs at a discount store in Seoul, Sunday. Yonhap
A notice at an entrance to a large store in Anyang, Gyeonggi Province, reads that visitors should show a proof of vaccination or negative PCR test result under the vaccine pass system, Sunday. Yonhap

The same day, however, another administrative court dismissed a request for the suspension of the vaccine pass on large retailers and department stores, filed by Revolution 21 party, a political organization.

"The measure cannot be seen as an outright ban on unvaccinated people's access to the facilities, as they are allowed to submit negative PCR test results. Also, as the requirement does not apply to smaller stores and traditional markets, the unvaccinated are not completely barred from purchasing daily necessities," it said.

These two contradicting rulings are not only causing public confusion, but have led to complaints from residents outside the capital area where the vaccine pass is still mandatory at discount stores.

"It doesn't seem logical that the vaccine pass has been lifted in the country's most populated city while it remains in force in rural areas," commented an internet user claiming to be a resident of Yangsan, South Gyeongsang Province.

A resident in Incheon posted a petition on the Incheon City website, Friday, calling for the suspension of the vaccine pass in the area.

Following such controversy, the health ministry said it will announce additional quarantine measures on Monday that reflect the court rulings.

But heated debates on the vaccine mandate are expected to continue, as there are four ongoing lawsuits against the vaccine pass, with two constitutional petitions, according to the ministry.

Meanwhile, amid concerns over the highly contagious Omicron variant, the government has decided to further extend the current 9 p.m. limit on operating hours for eateries and cafes from Monday until Feb. 6, but has eased the rule for the size of private gatherings from four to six.

According to the KDCA, the country added 4,194 new infections on Saturday, with 612 patients in critical condition and 29 deaths.


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