The court decided that the Second General Rally of the People should be allowed because the police’s notice to ban the massive rally was against the Constitution and the relevant law in many aspects. This decision practically supported the criticism that the police force has been exercising the authority beyond its constitutional power in its effort to block a protest in advance in order to humor the government.
Administrative Division 6 of the Seoul Administrative Court (by Chief Judge Kim Jeong-suk) reviewed this case and said, “Although this rally is lead by the Korean Confederation of Trade Unions (KCTU), this circumstance alone is not enough to make one confidently believe that collective violence and damage will occur for certain.” This comment is in line with the civil society’s criticism that “the police force is pushing to stop the rally only based on predictability.” Attorney Park Ju-min, representing the National Committee Working for Speedy Recovery of Baek Nam-gi and Protesting against the State Violence, said on this day’s hearing, “The police department is exaggerating some unfortunate incidents that occurred in the first rally held on November 14.” He further pointed out, “It is practically a prior permit on assembly, since they argue the possibility of violent protest when we publicly have announced a peaceful rally.”
While the police argued that the rally had to be banned because of traffic congestion, the court did not admit it on the ground of a precedent by the Constitutional Court. The Constitutional Court once ruled that when a rally should be banned, “it is necessary to prohibit it after examining a way to give permission, adding conditions.” The Seoul Administrative Court said, “In this case, the police agency has not discussed with the organizers in advance whether it is possible to change the number of people marching or the rally routes. It is not possible to conclude that the rally will potentially cause serious traffic congestion.”
The opposition, the labor and the civil society welcomed the court’s ruling. KCTU said, “It has become clear now that the past police measures to ban protests on the ground of ‘lawful demonstration’ have been a way to suppress criticisms against the government and to rule by oppression in the name of public safety.” The Justice Party said in a comment, “With this court decision, the abuse of authority by the police force must end, as it has been using the regulation to report an assembly as a practical permit system.”
Meanwhile, the police are busy finding alternate plans as they cannot prevent the rally scheduled on December 5. Superintendent Park Chang-hwan of Public Security Section 3, Seoul Metropolitan Police Agency, was the litigation performer in this case and he said, “We feel sorry about the result but humbly accept the court’s decision. This ruling will affect other assembly plans to which the police have issued a banning notice. Superintendent Park added, “Since the rally will happen as planned, relevant departments should make a decision on how to safely manage it from now on.”
The police agency also sent a banning notice to the planned assembly reported by the Korean Peasants League (KPL). Before the court’s ruling, it also banned the Civil Society Organizations’ Network (CSON) in Korea from holding a rally in the Seoul Plaza and near the Seoul National University Hospital. The organizations participating in the CSON include the People’s Solidarity for Participatory Democracy, Citizen’s Coalition for Economic Justice and YMCA. The planned assembly was not related to the first massive rally in November.
However, despite the police notice banning the assembly, these groups will still carry out their plans. The KPL will hold a cultural festival wishing for a speedy recovery of Baek Nam-gi, a farmer who was injured by a police water cannon. The KPL submitted an application to use the Seoul Plaza on November 27 and got an approval. According to the League, the expected number of participants is 5,000 and the time is between 11:00 a.m. and 11:00 p.m. and the Seoul Metropolitan Government approved this plan. The CSON changed its plan to a peaceful demonstration. A person from the CSON said, “We have promised to hold a peaceful demonstration and therefore, will not go ahead with the original plan. We will find a more peaceful way to protest against the ban on our assembly.”
Administrative Division 6 of the Seoul Administrative Court (by Chief Judge Kim Jeong-suk) reviewed this case and said, “Although this rally is lead by the Korean Confederation of Trade Unions (KCTU), this circumstance alone is not enough to make one confidently believe that collective violence and damage will occur for certain.” This comment is in line with the civil society’s criticism that “the police force is pushing to stop the rally only based on predictability.” Attorney Park Ju-min, representing the National Committee Working for Speedy Recovery of Baek Nam-gi and Protesting against the State Violence, said on this day’s hearing, “The police department is exaggerating some unfortunate incidents that occurred in the first rally held on November 14.” He further pointed out, “It is practically a prior permit on assembly, since they argue the possibility of violent protest when we publicly have announced a peaceful rally.”
While the police argued that the rally had to be banned because of traffic congestion, the court did not admit it on the ground of a precedent by the Constitutional Court. The Constitutional Court once ruled that when a rally should be banned, “it is necessary to prohibit it after examining a way to give permission, adding conditions.” The Seoul Administrative Court said, “In this case, the police agency has not discussed with the organizers in advance whether it is possible to change the number of people marching or the rally routes. It is not possible to conclude that the rally will potentially cause serious traffic congestion.”
The opposition, the labor and the civil society welcomed the court’s ruling. KCTU said, “It has become clear now that the past police measures to ban protests on the ground of ‘lawful demonstration’ have been a way to suppress criticisms against the government and to rule by oppression in the name of public safety.” The Justice Party said in a comment, “With this court decision, the abuse of authority by the police force must end, as it has been using the regulation to report an assembly as a practical permit system.”
Meanwhile, the police are busy finding alternate plans as they cannot prevent the rally scheduled on December 5. Superintendent Park Chang-hwan of Public Security Section 3, Seoul Metropolitan Police Agency, was the litigation performer in this case and he said, “We feel sorry about the result but humbly accept the court’s decision. This ruling will affect other assembly plans to which the police have issued a banning notice. Superintendent Park added, “Since the rally will happen as planned, relevant departments should make a decision on how to safely manage it from now on.”
The police agency also sent a banning notice to the planned assembly reported by the Korean Peasants League (KPL). Before the court’s ruling, it also banned the Civil Society Organizations’ Network (CSON) in Korea from holding a rally in the Seoul Plaza and near the Seoul National University Hospital. The organizations participating in the CSON include the People’s Solidarity for Participatory Democracy, Citizen’s Coalition for Economic Justice and YMCA. The planned assembly was not related to the first massive rally in November.
However, despite the police notice banning the assembly, these groups will still carry out their plans. The KPL will hold a cultural festival wishing for a speedy recovery of Baek Nam-gi, a farmer who was injured by a police water cannon. The KPL submitted an application to use the Seoul Plaza on November 27 and got an approval. According to the League, the expected number of participants is 5,000 and the time is between 11:00 a.m. and 11:00 p.m. and the Seoul Metropolitan Government approved this plan. The CSON changed its plan to a peaceful demonstration. A person from the CSON said, “We have promised to hold a peaceful demonstration and therefore, will not go ahead with the original plan. We will find a more peaceful way to protest against the ban on our assembly.”
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