"Partial Restrictions Possible on Drive-Thru Rallies, Legal Punishment May Infringe on Basic Rights" [Interview]

"Legal Grounds for Assembly Restrictions Are Sufficient"
"Drive-Through Assemblies Subject to Road Traffic Act... Caution Needed Due to Potential 'Basic Rights' Infringement"

A conservative group is preparing a car march on the 26th at the Yusuji parking lot in Mapo-gu, Seoul, to urge the resignation of Justice Minister Choo Mi-ae. [Image source=Yonhap News]

[Asia Economy Reporter Hana Na] With the upcoming Gaecheonjeol rally on the 3rd of next month, concerns about the spread of the novel coronavirus infection (COVID-19) are rising, leading to increasing calls for the rally to be fundamentally blocked. However, there are also worries that this could infringe on the constitutional right to freedom of assembly.

Kim Dae-geun, Research Fellow at the Criminal Policy Research Institute, emphasized in an interview with Asia Economy, "Some restrictions are possible, but if punished under civil or criminal law, basic rights could be violated, so caution is necessary."

Kim stated, "In the current situation, the government’s restriction of assemblies is sufficiently justifiable under the Assembly and Demonstration Act due to COVID-19, and can serve as a legal basis for limiting assemblies." He added, "Regarding the Road Traffic Act, applying it to drive-thru rallies seems unavoidable at this time."

Below is a Q&A with Research Fellow Kim

▲ The government announced it will apply a zero-tolerance principle and respond strongly to the Gaecheonjeol rally. Isn’t this an excessive infringement on the freedom of assembly and demonstration?

= It is not excessive. Due to the exceptional circumstance of COVID-19, restrictions can be imposed for certain reasons and purposes. Holding assemblies or demonstrations amid the risk of infectious disease from COVID-19 may violate the Infectious Disease Prevention and Control Act. Therefore, restrictions can be placed for reasons such as safety and smooth traffic flow at certain locations and times. According to the Assembly and Demonstration Act, assemblies and demonstrations can be partially restricted for certain reasons and purposes. Under this law, the concept of public peace and order can provide a legal basis to prevent COVID-related assemblies.

▲ What do you think about using the Road Traffic Act to punish assemblies?

= Restricting assemblies and demonstrations through this law could significantly infringe on freedom of assembly. Although the Road Traffic Act includes a 'prohibition of joint dangerous acts' clause, using it hastily to restrict assemblies and demonstrations requires caution because it limits freedom.

During the Park Geun-hye and Lee Myung-bak administrations, excessive legal actions were taken against protest organizers for 'violations of road traffic law related to maintaining order,' including civil damages claims.

This can threaten freedom of assembly. Assemblies and demonstrations inevitably cause disturbances and traffic disruptions, which may involve physical threats. However, punishing and sanctioning these through civil or criminal law can fundamentally infringe on the right to assemble and demonstrate.

▲ It is said that the Road Traffic Act will be applied to drive-thru rallies to revoke or suspend driver’s licenses. What is your view on this?

= The current situation is somewhat different. The COVID-19 crisis is an exceptional circumstance. Assemblies using cars are rare. Applying the Road Traffic Act to drive-thru rallies can be seen as unavoidable under the present circumstances.

▲ Is the argument "We should stop the virus, not the assembly" valid?

= This argument ignores causality. It is like saying, "We should stop killings, but should not ban explosives or firearms." There have been very recent cases where viruses spread through assemblies, and the public is deeply concerned. Considering the potential for significant socio-economic collapse, the previous argument does not hold.

▲ There is debate about drive-thru rallies. What is your opinion?

= I believe there needs to be public discussion and debate on how the government should intervene and respond to this drive-thru rally.