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South Korea’s Supreme Court Upholds Fine for Pastor Who Held In-Person Worship During COVID-19 Restrictions

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The Supreme Court of Korea has upheld a criminal fine against a pastor who repeatedly conducted in-person church services during government restrictions aimed at preventing the spread of COVID-19.

Key Outcome

  • On February 26, 2026, the Supreme Court finalized the conviction of Son Hyun-bo, pastor of Segyero Church.
  • Final sentence:
    • Fine of 3 million KRW
  • Charge:
    • Violation of the Infectious Disease Control and Prevention Act.

Background of the Case

  • During the height of the COVID-19 pandemic, Busan authorities imposed strict public health measures.
  • These measures included:
    • Banning in-person religious services
    • Limiting gatherings to fewer than 50 people
    • Allowing online (non-face-to-face) worship only

Despite these orders, prosecutors alleged that Pastor Son continued to host in-person church services.

Alleged Violations

Authorities charged that the pastor organized multiple in-person gatherings:

  • 4 services between August and September 2020
  • 2 services in October 2020
  • 4 services in January 2021

All allegedly violated the government’s assembly restrictions during the pandemic.

Lower Court Rulings

First Trial

  • The trial court found all charges proven.
  • Sentences imposed:
    • 300,0000 KRW fine for one set of violations
    • 700,000 KRW fine for another case
  • The defense also requested the court to refer the law for constitutional review, arguing that restrictions on religious gatherings infringed freedom of religion.
  • The court rejected the request, finding no constitutional violation.

Appeal Court

  • The appellate court combined the two cases and issued a single sentence:
    • 3 million KRW fine.
  • The court emphasized:
    • Pandemic restrictions were enacted to protect public health and prevent disease transmission.
    • The pastor repeatedly violated the gathering ban, increasing the seriousness of the offense.

Supreme Court Decision

  • The Supreme Court found no legal errors in the appellate judgment.
  • It therefore affirmed the lower court ruling in full, finalizing the 3 million KRW fine.

Why This Case Matters

This ruling reflects how Korean courts handled conflicts between public health regulations and religious freedom during the pandemic.

Key legal takeaways:

  • Public health measures during emergencies can justify restrictions on gatherings, including religious services.
  • Repeated violations of government orders can lead to criminal liability under the Infectious Disease Control Act.
  • Courts were generally reluctant to view pandemic restrictions as unconstitutional violations of religious freedom.

Article: https://www.lawtimes.co.kr/news/articleView.html?idxno=216879&page=2&total=24869

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