A rally held at Gwanghwamun Square in Seoul in October 2019 by a conservative group demanding the resignation of the Minister of Justice Cho Kook. Reporter Lim Hyun-dong
Prior to the March 1st, the court only partially accepted the request of a conservative group to hold a rally in front of Gwanghwamun Square and the Blue House. Until the 28th, 7 out of 9 cases of suspension of execution of assembly dispositions related to Section 3 and 1 were dismissed or dismissed, and 2 were partially cited.
Large-scale protests are limited due to quarantine concerns
According to law enforcement officials on the 28th, in the case of suspension of execution of a total ban on vehicle demonstrations raised by a conservative group, the Korean Patriot Patrol Team, against the head of the Seoul Police Agency on the previous day, “Vehicle demonstrations have had a significant impact on public welfare. The police’s calling that there is a fear of going crazy is not enough.”
These groups previously reported that they would hold a vehicle rally in front of the Blue House and Gwanghwamun near Independencemun Station using 10 vehicles from 10:30 am to 5 pm on March 1st, on the 25th. The assembly was banned due to the problem of quarantine against virus infection (Corona 19).
“Limited freedom of assembly, justified in exceptional cases
Accordingly, the judge said, “The disposition that restricts the freedom of assembly guaranteed by the Constitution is inevitable and can be justified in exceptional cases.” “If vehicle demonstrations are completely banned, organizations suffer damages that are difficult to recover, while public welfare There is not much concern that it will have a significant impact on the company.” The intent is to “allow vehicle demonstrations without harming the essential part of the time, place, method and purpose of the vehicle demonstration.”
Previously, the 8th administrative division of the Seoul Administrative Court (presiding judge Lee Jong-hwan) allowed the Free Korea National Team to apply for 50 people at Sejong-ro East Cross and Gyeongbokgung Station in Seoul, limiting the total banned assembly to 20 people.
The judge said, “The Seoul Metropolitan Government’s action to completely ban outdoor gatherings in certain places in downtown Seoul is an excessive limitation, even if it is a measure to prevent the spread of Corona 19.” He stated that the method should be examined individually and in detail and limited within the necessary range.
However, the Christian Freedom and Unification Party 4. 15 Other cases of suspension of execution brought against the Ministry of Health and Welfare by the National Struggle Headquarters and others were not accepted. The judiciary said, “Because quarantine measures are still necessary, including 406 new confirmed cases nationwide and 132 people in Seoul by 0:00 on the 26th, the welfare of preventing and spreading Corona 19 is superior to the disadvantages suffered by limiting freedom of assembly and association. I heard the reason.
While some conservative groups have announced a rally in Seoul city center such as Gwanghwamun Square in Section 3 and 1, a notice for banning assembly in the city center is installed at Gwanghwamun Square in Seoul on the afternoon of the 28th. News 1
The assembly is blocked for quarantine reasons… Small allow partial
With the spread of Corona 19 after the August 15 Liberation Day rally last year, the police and the Seoul Metropolitan Government took measures to completely limit the city’s rally on the opening day and Hangeul day. In response, conservative groups filed a lawsuit against the court, saying, “We are trying to limit assembly critical of the government.”
The courts are giving the government a hand that “it is necessary to stop the assembly due to quarantine.” However, in the case of a small-scale assembly with the standard of “It is necessary to determine whether’hard to recover damages’ to the freedom of assembly and demonstration of groups due to assembly restrictions, and which point is greater among the public welfare of COVID-19 quarantine.” Partly allowed.
Reporter Lee Yoo-jung [email protected]
