Input 2021.02.26 23:34
Some assemblies allow up to 30 people “Full ban is limited to excessive freedom of assembly”
On the 26th, the court granted conditional approval of only two out of nine cases of requests for suspension of execution filed by conservative groups on the 26th in opposition to the ban on assembly during the March 3 consecutive holidays according to the quarantine guidelines.
The 13th administrative department of the Seoul Administrative Court (Deputy Judge Jang Nak-won) dismissed the request for suspension of execution that the Free Korea National Team and the 4·15 National People’s Struggle Headquarters for unfair elections filed in objection to the collective ban by the Seoul Metropolitan Government and the Ministry of Health and Welfare.
The Free Korean National Team reported that it would hold a rally on the upcoming March 1 holiday near Gyeongbokgung Station, and the Christian Freedom of Unification Party near Sarangjae in Cheongwadae. These groups filed an administrative lawsuit requesting the cancellation of the assembly, claiming that the “prohibition of private gatherings with more than 5 people” became the basis for the ban on assembly when the Seoul Metropolitan Government imposed a ban on assembly to prevent the new coronavirus infection (Corona 19). I applied.
They claimed that “the constitutional right of freedom of assembly and association was violated by completely banning private gatherings with more than 5 people,” but the judge said, “(Prohibition of private gatherings with more than 5 people) If the public announcement ceases to be effective, Corona 19 prevention and spread It is reasonable to say that there is a concern that prevention has a significant impact on public welfare.”
On the other hand, the 8th administrative division of the Seoul Administrative Court (Deputy Judge Lee Jong-hwan) accepted a partial request for suspension of execution filed by the Free Korea Corps in objection to the ban on assembly, and allowed up to 20 people to assemble in India in front of Gwanghwamun on March 1-5.
The judge said, “The ban on assembly should be made within the minimum range when concerns about the spread of Corona 19 are clearly expected on a reasonable basis,” and said, “The city of Seoul abuses its discretion and violates the applicant’s freedom of assembly, causing irreparable damage. It’s done,” he explained.
The 5th Administration Department (Deputy Judge Jeong Sang-gyu) also partially accepted an application for suspension of execution, which Hwang Mo-san objected to the ban on the assembly. Hwang’s side was permitted to hold a rally in front of the Ilmin Museum of Art, with up to 30 people attending from the 27th to the 7th of March.
The judge said, “The total ban on assembly by the city of Seoul without considering individual circumstances is an excessive restriction on the freedom of assembly under the constitution,” and said, “Is there a situation in which it is not possible to give citizens who desire collective expression a place to breathe or even an opportunity?” He pointed out, “It is necessary to consider in terms of the constitutional values we saw earlier.”
However, in addition to complying with the quarantine regulations, the judiciary put strict conditions in which they can only participate in the assembly by bringing the results of the corona 19 test negative.