“I might stop it again”… ‘Legal suit’ for compensation for damages even with partial lifting

[이데일리 이소현 기자] Although the government has eased some guidelines since the 18th, lawsuits by self-employed people seeking compensation for operating losses in the collective ban and restrictions that lasted nearly two months have followed. Although the spread of Corona 19 has been easing recently, the uneasy situation of not knowing when business bans and restrictions will be implemented in the future also plays a part in bringing small businessmen together.

With the criticism on the issue of “equity” as a “rubber string standard” quarantine guideline that allows businesses to close somewhere, and where business is allowed, it is noteworthy whether the speed up of legislating compensation for loss of operations ordered by Prime Minister Jeong Sye-gyun will be accelerated.

Indoor sports business claims constitutional petition after compensation of 1.78 billion won

Citizens are exercising at a fitness center in Seoul on the morning of the 18th when the ban on grouping indoor sports facilities such as a gym was lifted. (Photo = Reporter Lee Young-hoon)

According to the industry on the 24th, the indoor sports workers plan to request a constitutional complaint to the Constitutional Court sooner or later. Constitutional petitions are a system in which people’s basic rights guaranteed by the constitution are violated by public power, and they are filed with the Constitutional Court to request relief for the infringed basic rights.

The Pilates and Fitness Business Association (PIBA), which gathers indoor sports companies such as gyms, is recruiting more than 500 indoor sports workers to participate in constitutional petitions from the 20th to the 27th.

This is the second constitutional complaint filed by self-employed people on the grounds of Corona 19. On the 5th, the owners of pubs and PC cafes filed a constitutional petition with the intention that the government forcibly restricts business operations and infringes on basic rights such as property rights and equality rights of the self-employed by not compensating for losses.

They said, “We are preparing a collective constitutional petition for an administrative order for indoor sports, which has been banned collectively such as Pilates, fitness, and yoga,” and said, “The government’s policy on indoor sports is contrary to the constitutional principle of equality, “I decided that I was infringing on freedom so much that I came to file a constitutional complaint.”

Above all, it demanded the government’s equitable quarantine standards. They emphasized that “there is a great difficulty in working in an uneasy situation where there may be another ban on gatherings,” and emphasized that “the main purpose is to create a government quarantine guide with equity and effectiveness rather than winning.”

Earlier, the Federation has filed two lawsuits against the government for damages totaling 1.78 billion won. At the end of last month, 153 people participated in the first round of recruitment and filed a lawsuit for damages claiming a total amount of 765 million won to the Seoul Southern District Law. On the 12th, 203 people participated in the second round of recruitment and filed a lawsuit against the Seoul West District Law for damages of a total amount of 1.15 billion won. The proportion of confirmed cases in indoor sports, excluding outdoor golf courses and dance classes, is only 0.64% of all confirmed cases, because it is an unfair measure that indoor sports facilities are designated as high-risk facilities.

Cafe industry released hall sales, prepare for second lawsuit… Largest outlook

Citizens are eating at a cafe in Jung-gu, Seoul on the 18th, when the new quarantine measures were implemented. (Photo = Reporter Bang In-kwon)

In accordance with the quarantine guidelines changed from the 18th, the cafe industry, which has been able to eat indoors within an hour, is also preparing a second lawsuit for compensation for damages.

The National Federation of Cafe Presidents said, “Sometimes, the quarantine regulations will be reinforced, so a ban on hall operations may be taken.” It is expected to be a lawsuit for damages of more than 1 billion won with plans to claim 5 million won per person. Earlier, on the 14th, 358 people participated in the first round of recruitment and filed a lawsuit for damages worth 1.79 billion won to the Seoul Central District Court. If the second lawsuit is added, the size of the claim for damages is expected to reach about 3 billion won.

The association added, “It is to file a lawsuit for the fact that there has been an act of violating the laws of the state in three aspects: arbitrary discrimination without reasonable reason, restriction without fair compensation for sacrifice, and excessive infringement of goodwill.”

In fact, according to the 2.5-stage social distancing policy in the metropolitan area, from November last year to the 17th, cafes were not allowed to open halls, but only takeout operations. Although it is a group-restricted business such as a restaurant, it is not possible to eat indoors, and in the case of brunch cafés where food is made and sold in the same café, there are high voices of dissatisfaction with the business restrictions, such as hall business.

Amidst self-employed people going into class lawsuits one after another, attention is focused on whether a support system for self-employed people who suffered damage from Corona 19 and the government’s business restrictions will be established. All of them are voicing their active role in finance to compensate for the losses of self-employed people caused by Corona 19. Accordingly, Prime Minister Jeong Sye-gyun publicly requested a proposal for legal and institutional improvement for the self-employment loss compensation system at the Central Disaster and Safety Countermeasure Headquarters meeting on the 21st. On the 22nd, Deputy Prime Minister Hong Nam-ki and Minister of Strategy and Finance said on the 22nd, “It is a road that no one has been to, so there is much to be pointed out.” I will discuss and gather wisdom,” he said, saying that he would participate in the institutionalization of self-employed loss compensation.

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