Court Grants 'Conditional Approval' for National Foundation Day Vehicle Rally with 9 Conditions

On the first day of the Chuseok holiday, the 30th, a sign prohibiting gatherings in the city center to prevent the spread of the novel coronavirus infection (COVID-19) was installed at Gwanghwamun Square in Jongno-gu, Seoul. The government plans to strictly respond to illegal activities, including promptly dispersing gatherings if city center rallies are held on National Foundation Day. / Photo by Moon Honam munonam@

[Asia Economy Reporter Hwang Yoon-joo] The court conditionally permitted a small-scale 'drive-thru' rally using vehicles on National Foundation Day.

According to the legal community on the 1st, the Seoul Administrative Court Administrative Division 6 (Chief Judge Lee Seong-yong) accepted the application from the "People's Movement for a New Korea" (Saehan-guk) the day before and decided to suspend the enforcement of the police's outdoor assembly ban, presenting a total of nine conditions.

According to this decision, Saehan-guk must submit a list of rally participants to the police in advance, and the police must verify that the list matches the actual participants before the rally can be held.

Additionally, rally materials must be delivered via non-face-to-face methods such as courier services, and face-to-face meetings or contact before and after the rally are prohibited.

Each rally vehicle, limited to a maximum of nine, may carry only one person, windows must not be opened under any circumstances, and participants cannot leave the vehicle unless in an emergency. Furthermore, if another vehicle attempts to join the procession during the rally, the procession cannot continue until the police take measures to stop it.

The rally, which started at 2 p.m., must be disbanded even if it does not reach its destination by 4 p.m. The police and quarantine authorities will supervise whether Saehan-guk complies with these conditions and may order disbandment if instructions are ignored.

The conditions also include submitting a written pledge to the police stating that the rally participants fully understand the compliance requirements.

The court that allowed the small-scale vehicle rally on National Foundation Day also cited concerns about the spread of infectious diseases and traffic disruption, imposing complex conditions.

However, the court pointed out, "Although the police claim that this rally may lead to a large-scale illegal assembly, it is difficult to conclude this, and banning the rally itself would fundamentally block the constitutional freedom of assembly and demonstration, which cannot be permitted."