Court: "The National Assembly is the people's representative body... Illegal protests are serious crimes"
2 years 6 months imprisonment, 4 years probation, 160 hours community service
[Asia Economy Reporter Yoo Byung-don] Kim Myung-hwan, the 54-year-old chairman of the Korean Confederation of Trade Unions (KCTU), who was indicted for leading an illegal rally in front of the National Assembly, was sentenced to probation in the first trial.
The Seoul Southern District Court Criminal Division 11 (Chief Judge Lee Hwan-seung) on the 23rd sentenced Chairman Kim, who was indicted without detention on charges including obstruction of official duties by violence, injury caused by obstruction of official duties by violence, trespassing on jointly owned buildings, obstruction of general traffic, and violation of the Assembly and Demonstration Act, to 2 years and 6 months in prison with 4 years probation and ordered 160 hours of community service.
The court stated, "The National Assembly is the representative institution of the people and must comprehensively represent the opinions of all citizens; it cannot represent only the opinions of the KCTU," and added, "Nevertheless, the defendant held illegal protests with the purpose of exerting pressure because the National Assembly set policies in directions different from the demands of the KCTU."
Furthermore, the court explained the sentencing rationale, saying, "The defendant’s crimes are serious offenses that pose a significant threat to representative democracy," but "considering that there was an intention to express political positions related to minimum wage and flexible working hours, which are directly connected to workers' livelihoods."
Chairman Kim is accused of leading illegal protests by union members, including assaulting police officers, at rallies opposing the expansion of flexible working hours held in front of the National Assembly in May 2018 and March last year.
The police applied for an arrest warrant for Chairman Kim in June last year, citing concerns about flight risk and evidence tampering, and the court issued the warrant. Subsequently, Chairman Kim requested a review of the detention, and the court decided to release him conditionally upon payment of a 100 million won bail, lifting his detention status.
Earlier, at the sentencing hearing held on the 3rd of last month, the prosecution demanded a 4-year prison sentence for Chairman Kim, stating, "While various opinions can be expressed under the principles of democracy, they must be done within the bounds of the law."
However, Chairman Kim’s defense attorney denied the charges, stating, "There is no causal relationship to injury or conspiracy regarding the charges of obstruction of official duties by violence and injury caused by obstruction of official duties by violence on May 21, 2018," and added, "The prosecution’s indictment contains no content about why the KCTU organized the rally or what message they intended to convey."
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