200 Highest 5911 Violation of the Infectious Disease Control and Prevention Act

○○○ (59.-1), Other

Housing Daegu

Gangseo-si in the original registration place

Park Jong-hwan (prosecution) and Kim Dong-dong (Trial)

Attorney Lee Jong-sung (Korean)

on March 4, 2021

The defendant shall be punished by a fine of 1.5 million won. If the defendant does not pay the above fine, the defendant shall be confined in a workhouse for a period of one hundred thousand won converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

On January 8, 2020, the Minister of Health and Welfare classified Corrovia infection-19 (hereinafter referred to as 'cona-19') into class 1 infectious diseases. The head of a disease control office, a Mayor/Do Governor, or the head of a Si/Gun/Gu may take measures to have a health examination conducted to prevent infectious diseases, and a person subject to such health examination shall not refuse or evade measures for health examination.

On August 18, 2020, the Daegu Metropolitan City Mayor took measures to conduct a medical examination by August 23, 2020 against the participants at the Marona 19 meeting in Seoul, the Green Cross, the Green Cross Association of Seongbuk-do, and the members visiting the Maro 19, and extended the period of the examination by August 23, 2020.

On August 24, 2020, the Defendant attended the Magmunmun Assembly in Seoul and was required by the Daegu Metropolitan City Mayor to comply with the above health examination measures. However, on August 26, 2020, the Defendant refused or avoided the above health examination measures of the Daegu Metropolitan City Mayor by failing to undergo the examination without justifiable grounds by August 26, 2020.

1. Police suspect interrogation protocol of the accused;

1. Report related to the inspection of passengers attending an assembly on August 15, 198, extension of an administrative order (the second notice), request for the issuance of a list of those who refused the inspection (the last notice), request for inspection on August 15, 198, request for inspection on diagnosis and inspection (the person who refused the inspection, etc.), printed out of the letter of notification of inspection, request for inspection, etc., report related to the inspection of passengers on the charter bus prior to an assembly on August 15, 2008, details of the disposal of non-interveners, and the status of transportation of the assembly bus on August 15,

1. Judgment on each of the defendants' arguments

The defendant asserts that the prosecution of this case is erroneous on the premise that the defendant violated the administrative order of this case, since the administrative order of this case where the Daegu Metropolitan City Mayor had the defendant, etc. who participated in the meeting of the Seoul Gwangju Metropolitan City Dials, undergo a health examination (hereinafter referred to as the "administrative order of this case") in order to prevent the spread of Corrona 19.

In light of the following circumstances, the Daegu Metropolitan City Mayor under the Infectious Disease Control and Prevention Act (hereinafter referred to as the " Infectious Disease Control Act") can take medical examination measures under Article 46 (Prevention of Communicable Diseases) or Article 49 (Prevention of Communicable Diseases) of the Infectious Disease Control and Prevention Act; the measures to prevent the spread of infectious diseases on the premise that the infectious disease occurred to a specific individual within his jurisdiction; while the measures to prevent the spread of infectious diseases are measures to prevent the outbreak of infectious diseases that may occur in the future within his jurisdiction, the measures to prevent infectious diseases are different in purpose, procedure, object, etc.; the Daegu Metropolitan City Mayor issued the administrative order of this case and issued the administrative order of this case only to the 'Seoul Metropolitan City Gwangjin, the Machin, the Even North Korean Society, and the Machin Man Association of Korea'. This does not accept the defendant's assertion that the above administrative order of prevention of infectious diseases is against the general principles of administration or administrative order of the defendant.

Application of Statutes

1. Article applicable to criminal facts;

Article 81 subparag. 10 of the Infectious Disease Control and Prevention Act and Article 49(1)3 of the Infectious Disease Control and Prevention Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

The reason for sentencing in Article 334(1) of the Criminal Procedure Act is that the defendant refused a diagnosis and examination to verify infection of an infectious disease without any reasonable reason, and the liability for the crime is not easy: Provided, That the defendant has no record of crime exceeding the fine, and the defendant's age, character and behavior, environment, motive, means and method of the crime, result and circumstances after the crime, etc. shall be determined as ordered by taking into comprehensive account various sentencing conditions, including the defendant'

Judges Lee Jae-chul