감염병의 예방 및 관리에 관한 법률에 대한 헌법소원의 정당성

Abstract

The national difficulties caused by the corona have caused great damage to not only economic life but also religious life. Due to excessive quarantine measures, the government has revealed the movements of the confirmed persons, and personal information was illegally leaked, limiting the freedom of business and property rights of the people. Even for churches, the government is being criticized for banning access to the entire churches if some confirmed cases in churches occur. The government considered religious facilities like high-risk facilities to be shut down, leaving general public facilities intact. These measures violate the principle of equality, and the prohibition of worship, an important purpose of the church, is considered a grave violation of fundamental rights. The Infectious Disease Control and Prevention Act itself is so abstract that it violates the principle of clarity, and thus violates the principles of the rule of law. Freedom of worship belongs to the core domain of religious freedom and is an activity that must be absolutely protected compared to other areas of religious activity. This freedom of worship belongs to the essence of religious freedom that should not be violated as an expression of the believer's inner religious conscience. In the early days of the corona crisis, there was an embarrassment, so the government or the court could not respond properly. However, while quarantine is now important, it is the duty of the state under the rule of law that cannot be given up to protect basic rights. Therefore, quarantine measures must be taken that do not violate the church's freedom of worship.