essential facilities for daily life, such as hospitals, markets, and academies.123) In other words, the quarantine pass has become a subject of controversy for violating basic human rights despite its purpose of safe step-by-step recovery to daily life and prevention of outbreaks and epidemics. Critics of the quarantine pass argued that even though COVID-19 vaccination should be an individual choice, introducing the quarantine pass is similar to mandating the vaccination.124) In particular, some people do not want to be vaccinated due to insufficient reliability on its safety for being developed in a short period of time, and those opinions must be protected. However, since obtaining a PCR testing every other day is unrealistic, a person have no choice but to be vaccinated. In addition, there are opinions that requiring quarantine passes for adolescent educational facilities, such as academies and reading rooms, is a measure that violates the right to education of young people,125) and that it does not fall under any of the exceptions to restrict the fundamental rights, as there is no provision to require quarantine passes under the Infectious Disease Prevention Act.126) On the other hand, there was also a great opinion that the quarantine pass policy should be implemented and maintained. As the Omicron variant was spreading worldwide and deaths continue to occur, vaccination has a great advantage in reducing the risk of infection and death; so, a policy to encourage vaccination and prevent the infection of unvaccinated people is necessary.127) In the case of public facilities, there is a high risk of infection for unvaccinated people, and some assert that it is not an excessive regulation in that similar measures have been taken in many countries abroad.128) 123) Baek, Su-won, A study on state’s obligation of safety and the appropriateness of limiting fundamental rights under the Constitution – Focusing on the administrative measures under COVID-19 situation, Apr. 2022. 124) Yonhap News, Parents object to adolescent quarantine pass…“Effectively a mandatory vaccination,” Dec. 3, 2022. 125) Kyunghyang Shinmun, Quarantine pass controversy, Between quarantine and fundamental rights… Courts and experts order persuasion, Jan. 5, 2022. 126) Um, Ju-hee and Kim, Jan-di, A Constitutional and Ethical Study on Vaccine policy: From Immunity Passport to Quarantine Pass, Apr. 2022. 127) Yonhap News, [Fact Check] Effectiveness of Quarantine Pass when Vaccination Rate is Over 90%?, Jan. 4, 2022. 128) Digital Vaccination Certificate in Australia, Green Pass in Israel, Excelsior Pass in NY, USA, Health Pass in France 48

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