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
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