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| TITLE | Supreme Court en banc Decision 2022Du43528 Decided July 18, 2024 【Lawsuit Seeking Revocation of the Disposition of the Prohibition on Gathering】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Elements of the freedom of religion and restrictions on the freedom of religion stipulated in Article 20(1) of the Constitution of the Republic of Korea [2] Matters to be considered when determining whether the administrative authority committed illegality by erring and abusing discretion, such as by violating the principle of proportionality, in having chosen, among diverse measures, one that it deemed necessary to prevent contagious diseases based on the judgment derived from a technical risk assessment [3] In a case where: (a) Party A, a metropolitan city mayor, announced an increase in Coronavirus Disease 2019 (COVID-19) confirmed cases, particularly a surge in the aggregate number of confirmed COVID-19 cases and a cluster infection at a particular church, declared the current Level 2 social distancing measures would be maintained while extending a de facto Level 3 ban on public gatherings, and issued a preemptive order prohibiting gatherings in places of worship in the city; and (b) Church B and its lead pastor, located in the city, filed a petition for revocation of the order prohibiting gatherings on the ground that the said order violated the principle of proportionality and thus infringed the freedom of religion, the case holding that Party A’s disposition cannot be said to have infringed Church B, etc.’s freedom of religion by violating the principle of proportionality and principle of equity | |
