Various countries around the world, especially the United States (U.S.), are enforcing compulsory vaccination. Korea, on the contrary, does not force individuals to be vaccinated, although firm legal standards against mandatory vaccination have not been established yet. In this situation, it is important for Korea to legally restrict mandatory vaccination to better protect the citizens’ freedom even amid the trends of forcing vaccinations seen overseas.
Countries and companies implementing mandatory vaccinations have a firm stance that they will form herd immunity, which is achieved when a large portion of a community becomes immune to disease through vaccination. The Occupational Safety and Health Act (OSHA), enacted in 1970, states that the federal government can fully exercise its power to protect employees from serious risks at work such as exposure to toxic chemicals, unsanitary conditions, etc. Based on this law, some businesses required their employees to be vaccinated for the complete safety of their companies.
However, oppositions against mandatory vaccination exist. According to YTN, the Republican National Committee (RNC) announced in a statement, “We plan to register a lawsuit against the Biden administration’s mandatory vaccination to protect American freedom.” This situation in the U.S. seems to suggest that the issue of mandatory vaccination presents a conflict between the Constitution that respects individual freedom and the OSHA.
It should be noted that the Constitution clearly outlines the right to make one’s own decision, which is inviolable under any circumstances. There is no “only one-time” sacrifice of individuals’ rights; if one case of oppression is made, it will soon lead to countless others. If compulsory vaccination is allowed for a particular reason, such as the achievement of herd immunity, this example can be abused as an excuse for forceful pressure on the opponents in the future.
The problem with mandatory vaccination is that it imposes penalties on those who have not been vaccinated. Compulsory vaccination can jeopardize livelihoods if one’s employment depends on whether a person has been vaccinated. However, according to U.S. Equal Employment Opportunity Commission, any company is within its legal rights to require employees to get vaccinated, “barring any conflicting disability or religious belief.”
In addition, mandatory vaccination can directly clash with individuals’ freedom of belief and conscience. For those with chronic diseases, vaccination can be deadly due to its side effects. Even in cases of no apparent side effects, people should be free to refuse vaccination based on their health state or individual worries. These concerns for mandatory vaccination are reasonable as there were numerous reported cases of side effects after the vaccination. According to Yonhap News, the COVID-19 Vaccination Response Team reported on October 11 that within just two days, a total of 2,161 new cases of COVID-19 vaccination symptoms were reported to the health authorities.
Despite people’s concerns about the side-effects of vaccines, however, the Korean government has strengthened the criterion for evaluating the casualty of adverse reactions of COVID-19 vaccines, as reported by The JoongAng. If this kind of inadequate management goes on, people’s refusal of vaccination will only increase. Vaccination should remain as a medical service performed based on an individual’s free choice, not by force.
No one can take away individuals’ own right to decide on their health issues. Vaccination should strictly stay at a level of pure recommendation, not a compulsion. From this point of view, what Korea must do now is come up with ways not to force a sacrifice of one’s own right to make a decision since the freedom to decide for oneself cannot be violated for the greater benefit of a group.