코로나 사태와 종교의 자유 = Coronavirus Outbreak and Religious Freedom

다국어 초록 (Multilingual Abstract)

According to the Infectious Disease Prevention Act, the head of local governments is stipulated to take measures to “restrict or prohibit people from gathering” to prevent infectious diseases. The degree of measures taken by local governments to respond to infectious diseases according to the law was different. One local government commander is giving an order to prohibit the group, another commander is giving an order to restrict the group, and another commander is giving a warning. This result is because the current infectious disease prevention method does not stipulate targets in detail in the collection restrictions and prohibitions, 1) but there are no step-by-step measures to prevent infectious diseases. In addition, since this law imposes a criminal penalty called fines, clarity of regulations is required. Fundamentally, it is unclear whether worship is included in this category, using the term ‘people gathering’ to refer to a very wide range. There is a possibility of unconstitutionality that violates the clarity and proportionality required by the rule of law because the legal regulations do not mention the discrimination of the subject of restrictions and prohibitions or the conditions for issuing orders.
It is contrary to the principle of proportionality to apply the rule of prohibition of gathering in infectious disease prevention method to church worship. An administrative order must be issued to maintain a minimum of damage, but the heads of some local governments have often issued an administrative order prohibiting collective gatherings in situations where there is no significant and imminent risk, which does not comply with the proportional principle. There is a grave and imminent risk that the government or local governments will ban collective gatherings for illegal acts by Shincheonji heretic religious group, but general church worship cannot be regarded as such, and only light restrictions are allowed.