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Patients confirmed with the new coronavirus infection (Corona 19) can also take the bar exam, which will take place from day 5. On day 4, one day before the bar exam, the Constitutional Court suspended some of the announcements of the tenth bar exam by the Ministry of Justice. The reason why the confirmed person crowns19 to take the test itself is prevented because it may excessively infringe the freedom of choice, which is the basic right.
Suspension of application restrictions by the Ministry of Justice
Violation of excessive freedom of choice
The five-day bar exam, which will take place January 5-9, will take place as scheduled. The Justice Ministry said: “We respect the purpose of the constitutional decision” and said: “We will allow confirmed patients to undergo the test under separate supervision in an isolated location or hospital.”
In November last year, the Ministry of Justice announced the date and location of the 10th bar exam and the candidates’ compliance requirements. The announcement stated that “those who are in quarantine and who receive a notice of self-isolation from health authorities on suspicion of infectious diseases can perform the test in a separate location after consulting with the local public health center.” The Ministry of Justice has limited the application period for a separate test site for self-quarantine from December 22, 2020 to January 3, 2021, at 6:00 p.m.
In addition, in a further announcement, the Ministry of Justice announced that “confirmed Corona 19 persons cannot take the test.” He added that if he is deemed high risk at the test site, he will be transferred to a medical institution.
Constitutional Article “Restrictions on application without measures refer to the violation of fundamental rights”
In this regard, the Constitution said that the Ministry of Justice did not prepare measures for self-quarantine or high-risk candidates in the testing center and collectively miss testing opportunities, which could lead to excessive restrictions on the freedom of choice of profession .
Heonjae said, “According to this announcement, if you are classified as a confirmed person or a high-risk person, you are immediately prohibited from testing. Rather, there is a risk that an infectious disease will spread by testing to force without hiding the symptoms. ” There is also the fear of giving up or running the risk of contracting an infection. “The Constitution also cited the request for suspension, saying:” With this announcement, there is a risk of serious harm from which it is difficult for applicants to recover, and as the examination is imminent, the urgent need to prevent harm is recognized ”.
However, Heonjae said, “considering the unprecedented spread of infectious diseases and the specificity of limiting the number and duration of the bar exam, it is necessary to have a hearing in the main case if this announcement violates the freedom of choice of the attorneys. law students “.
Earlier, some law school students filed a constitutional petition and suspension provision in effect on December 30, saying that the notification from the Ministry of Justice violates the candidates’ basic rights. The bar exam is a qualifying exam that takes place once a year. Furthermore, pursuant to Article 7 of the Law on Lawyers Examination, only five examinations can be taken within a period of five years from the end of the month of obtaining a master’s degree in a law school. If the candidate who takes the fifth bar exam this year is a confirmed crown19, is quarantined after January 3, or is classified as a high-risk group on the exam site, the fifth chance will be lost.
Lawyer Hyo-kyung Bang, who represents them, said: “If the so-called ‘five-year-olds’, who are the last chance for the bar exam, meet the conditions set by the Ministry of Justice, they will automatically be confused. and deprived of the opportunity to become attorneys for life. He is being raped. ”
Ministry of Justice, “As scheduled for the lawyer exam”
The Justice Ministry said it would take the bar exam as scheduled. A Justice Ministry official said: “We will allow confirmed patients to be tested under separate supervision in an isolated location or hospital,” and said: “Self-quarantine has already taken steps so that they can take the test regardless of the time of the test. application”. He added: “There are no self-isolated or confirmed patients among those examined.
In response, lawyer Bang said that after the Constitutional Constitution decision of that day, “you should take the exam after preparing the measures to take the exam for those who have prevented the Ministry of Justice from taking the exam. Complying with the test without countermeasures is against the law. ” I did it.
Reporter Lee Sujeong [email protected]
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