Unexpected 'Freedom of Assembly Basic Right' Controversy Sparked by 'Drive-Thru'

Conservative Groups Announce Gaecheonjeol Rally on the 3rd of Next Month
Government and Ruling Party Stress Zero Tolerance... Urge Restraint on Gatherings
Joo Ho-young: "Isn't It Their Right If It Doesn't Interfere with Quarantine?"

On the afternoon of the 20th, the "Gwacheon Citizens' Square Defense General Countermeasure Committee Launch Ceremony and 3rd Defense Rally" held on the road in front of the Government Complex Gwacheon in Gwacheon-si, Gyeonggi-do, is being conducted with participants riding one person per vehicle to prevent the spread of the novel coronavirus infection (COVID-19). [Image source=Yonhap News]

[Asia Economy Reporter Han Seung-gon] On the 3rd of next month, some conservative groups have announced plans to hold a Gaecheonjeol rally in a 'drive-through' format (conducted while staying inside cars). In response, the government and ruling party have urged restraint from holding the rally, citing concerns such as a surge in COVID-19 cases if the rally proceeds.

However, there are criticisms that restricting the fundamental constitutional right to freedom of assembly on the grounds of quarantine measures is a direct infringement. On the other hand, some argue that limited restrictions may be justified for public welfare, leading to intense conflicts surrounding the Gaecheonjeol rally.

The government and ruling party have expressed a firm stance to strongly respond to the Gaecheonjeol rally. President Moon Jae-in said in his opening remarks at the Cabinet meeting held at the Blue House on the 22nd, "We will take strong measures against any acts that disrupt quarantine efforts and nullify the hard work of the people who are united in fighting the pandemic," adding, "If our society is put at risk again, no tolerance can be expected."

He also emphasized, "Illegal rallies that caused the COVID-19 resurgence are being planned again, and fake news that undermines quarantine efforts is still rampant. We must not defend antisocial crimes that threaten the community's well-being and destroy neighbors' lives under the name of 'freedom of assembly' and 'freedom of expression'." He continued, "If there are still those planning to forcibly hold illegal rallies, I earnestly ask them to refrain."

On the afternoon of the 15th of last month, participants of a rally condemning the government and the ruling party, hosted by Sarang Jeil Church and Jayu Yeondae, filled Sejong-daero in front of Donghwa Duty Free Shop in Jongno-gu, Seoul. The social distancing recommendation from the quarantine authorities below the photo seems ineffective. [Image source=Yonhap News]

Lee Nak-yeon, leader of the Democratic Party of Korea, also requested Police Commissioner General Kim Chang-ryong on the same day to "block the Gaecheonjeol rally at its source with resolute determination, staking the police's honor on it."

Meeting with Commissioner Kim at the National Assembly, Lee expressed concern, saying, "I invited the commissioner because of COVID-19. Although the number of confirmed cases has dropped to double digits, it is not yet a stage to be relieved," and added, "Ahead of us lie the Chuseok holiday, Gaecheonjeol, and Hangeul Day rally plans, which are unexpected challenges."

Lee emphasized, "Places like Gwanghwamun have all been prohibited from holding rallies in accordance with the Gaecheonjeol and Hangeul Day rallies, so the situation is somewhat different from the last Liberation Day, but the organizers have not yet withdrawn their rally plans," and said, "I hope you will block the rallies at their source with resolute determination to show the public that public authority is alive."

He added, "Only by doing so can the public feel safe and contribute decisively to stabilizing COVID-19," and "At the same time, it will serve as a stern warning to those who lightly regard public authority."

On the other hand, the opposition party has mentioned the right to freedom of assembly in relation to the Gaecheonjeol rally, suggesting that conservative group rallies should be allowed more than the ruling party proposes.

Joo Ho-young, floor leader of the People Power Party, said to reporters at the National Assembly after a non-face-to-face video meeting on the 22nd, "We need to judge whether the law permits it and whether it interferes with quarantine," adding, "If the drive-through method does not interfere with traffic or quarantine, I think it is their right."

On the 16th, Choi In-sik, Secretary General of the August 15 Emergency Committee, held a press conference in front of Jongno Police Station in Seoul before reporting the Gaecheonjeol rally. [Image source=Yonhap News]

This is interpreted as meaning that the freedom of assembly and association guaranteed by Article 21, Paragraph 1 of our Constitution must be guaranteed according to the law.

Earlier, the Freedom People's Movement, affiliated with the August 15 National Emergency Committee, claimed on the 16th at the Jongno Police Station in Seoul that they would hold a rally with 1,000 people near Gwanghwamun on Gaecheonjeol, making this argument.

Before filing the rally report that day, the Freedom People's Movement stated at a press conference, "Under the pretext of COVID-19, our constitutional right to freedom of assembly and association as stipulated in Article 21, Paragraph 1 is being ruthlessly trampled," and emphasized, "We firmly oppose the unconstitutional form of restricting the people's fundamental rights under the pretext of quarantine to cover up the regime's shortcomings, and the rally on October 3 cannot be blocked under the pretext of COVID-19."

They also claimed, "The voices of the people at the August 15 rally were thoroughly suppressed by the government's 'quarantine dictatorship' and 'COVID-19 martial law,'" and said, "This is the result of the Moon Jae-in administration's quarantine dictatorship tactics." These groups stated that they would strictly follow quarantine guidelines such as wearing masks and maintaining personal distancing at the rally site.

However, there is also an opinion that the government's measures do not violate current laws. A legal expert explained, "The Constitution guarantees freedom of assembly, but Article 37, Paragraph 2 states that 'all freedoms and rights of the people may be restricted by law only when necessary for national security, maintenance of order, or public welfare,' allowing for restrictions on fundamental rights." However, they added, "Even when restricted, the essential content of freedom and rights cannot be infringed."

In this regard, many hold the view that the spread of COVID-19 falls under 'national security, maintenance of order, or public welfare' as grounds for restricting fundamental rights, and that the law can be used to block rallies. Given that COVID-19 is a nationally critical issue, this provision is considered broadly applicable.

On the afternoon of the 15th of last month, a rally condemning corruption in the Moon Jae-in administration, abuse of power by Choo Mi-ae, and sexual harassment by Democratic Party local government heads was held in front of Donghwa Duty Free Shop in Jongno-gu, Seoul, hosted by Sarangjeil Church and the Liberty Solidarity. [Image source=Yonhap News]

Meanwhile, amid controversies over infringement of fundamental rights such as freedom of assembly regarding the Gaecheonjeol rally, some People Power Party figures strongly advocate holding the rally on October 3 as a 'drive-through' rally.

Former Future United Party (now People Power Party) lawmaker Kim Jin-tae wrote on his Facebook on the 22nd, "This Gwanghwamun rally (Gaecheonjeol rally) would be better as a drive-through," and raised his voice, saying, "The regime is blaming the patriotic forces at Gwanghwamun for the failure of quarantine, so there is no need to insist on the previous method and become prey again."

He added, "The Art of War says you must fight where and when you want," and said, "If this is also banned, it would be a comedy. I am alone in my car, so it has nothing to do with COVID-19."

Former Future United Party lawmaker Min Kyung-wook made the same argument as former lawmaker Kim. Min criticized on his Facebook, "What is the basis for saying that more than nine cars cannot participate in a car protest?" and said, "No dictatorship country in the world blocks drive-throughs. They don't even ban parking more than nine cars in parking lots."