The second trial's decision that the Seoul Metropolitan Government's prohibition of face-to-face preparation of churches as a countermeasure against COVID-19 was legal was made again.
The Seoul High Court recently ruled against the plaintiff in a lawsuit filed by churches in Seoul against the Seoul Metropolitan Government to cancel the ban on face-to-face worship.
The court explained that although the ban on face-to-face worship restricted religious freedom to some extent, the Seoul Metropolitan Government's disposition was legal as it aimed to temporarily protect the lives and physical safety of the entire people from infectious diseases.
Earlier, as COVID-19 spread rapidly at the end of 2020, the Seoul Metropolitan Government ordered churches in Seoul to restrict gatherings that allowed only non-face-to-face services as part of quarantine measures, and churches filed an administrative lawsuit asking for cancellation of the disposition.
The first trial court ruled in favor of the plaintiff, saying that completely banning face-to-face worship violates the principle of proportionality because it violates religious freedom.
However, the second trial court found that freedom of faith and freedom of conscience could not be restricted in any case, but face-to-face worship belonged to freedom of religious conduct or religious assembly association and could be restricted if necessary.
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