There are two fundamental questions raised by covid-19 business bans:
1. Have the provisions of the relevant regulations , to the extent that they prohibit economic activities, been adopted within the limits of the statutory mandate granted by the Act on combating infectious diseases. The answer to this question is negative.
2. Are the provisions of the regulations applicable, as well as the specific provisions, to the extent that prohibitions on doing business are established without compensation and to the extent that citizens lose their property rights (as a result of the extinction of those property rights) – comply with Article 228, 232 and 233 and Article 21 and Article 22 of the Constitution, as well as Article 21 of the Natural Disaster Act. The answer to this question is also negative.
Broader legal analysis in the attached document. I encourage you to read.
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