C) Policy to Protect the Public Safety and Personal Choice In Disasters
The right to self-determination, protected by Article 10 of the Constitution, refers to the
individual's right to decide for him/herself on important private matters without interference
from public authorities. The individual's right to personality and the right to pursue
happiness presuppose the individual's right to self-determination, and the right to
self-determination includes the right to make decisions about one's own body. Therefore,
everyone can voluntarily decide whether to receive medical treatment or preventive
measures against diseases.129)
Moreover, international human rights standards, such as the UN Committee on Economic,
Social and Cultural Rights Committee General Comment No. 14 (The right to the highest
attainable standard of health) and the Emergency Measures and COVID-19 Guidelines
announced by the Office of the UNHCHR in April 2020,130) stipulate that the restrictions on
fundamental rights in a disaster situation should be limited for a legitimate purpose and
should not be imposed arbitrarily or in a discriminatory way.
The right to choose the COVID-19 vaccination is within the scope of protection of the
right to self-determination, and under related laws, such as the Infectious Disease Prevention
Act, the state does not have the authority to force the public to receive the vaccination. On the
other hand, COVID-19 vaccination can also be recognized as needed to be socially
recommended for the safe daily recovery of the people to escape from the prolonged crisis.
Therefore, it was important to make a plan to encourage voluntary vaccination.
It seems that the controversy over the introduction of the quarantine pass between the end
of 2021 and early 2022 was largely due to concerns over the safety and side effects of the
vaccine. Moreover, these concerns were not unreasonable because vaccines did not have
sufficient time for research, development and approval. Nevertheless, the government has
taken measures to restrict access to most essential facilities for a wide range of people as a
way to indirectly encourage vaccination, and this is not a desirable method in that it was
significantly disadvantageous for those who have not been vaccinated. Moreover, it can be
and Vaccine Pass in Korea.
129) Seoul Administrative Court, Decided on Jan. 4, 2022, 2021Ah13365
130) UNOHCHR Emergency Measures and COVID-19 Guidance
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