Worshipers (on screen) take part in an online Christmas service at Yoido Full Gospel Church in Seoul on Dec. 25, 2020, due to the spread of the new coronavirus. (Yonhap)
SEOUL, Nov. 24 (Korea Bizwire) – A Seoul appellate court has ruled that the city’s decision to ban in-person religious services during the COVID-19 pandemic was lawful, overturning a lower court’s verdict in favor of local churches challenging the restrictions.
The Seoul High Court’s Administrative Division 10-3 emphasized the need to balance religious freedom with public safety in its ruling.
While affirming the absolute nature of freedom of belief and conscience, the court clarified that the freedom to conduct in-person worship services falls under the relative freedoms of religious practice and assembly, which can be restricted when proportional and necessary.
The court cited the highly contagious nature of COVID-19 and the risks posed by indoor gatherings, noting that in-person worship often involves prolonged, close contact in enclosed spaces.
Temporarily prohibiting such gatherings, it stated, was an effective measure to curb virus transmission, protect public health systems, and control new infections during the height of the pandemic.
Although the ban imposed some restrictions on religious freedom, the court highlighted that the measure was aimed at safeguarding the public interest, specifically protecting the entire population from the life-threatening risks of the virus.
It also underscored the temporary nature of the ban, describing it as a time-limited response to an unprecedented health crisis.
The ruling underscores the judiciary’s stance on balancing individual rights with collective health priorities during a public health emergency. The decision reflects the challenges of navigating constitutional freedoms in the face of a global pandemic.
M. H. Lee (mhlee@koreabizwire.com)
