[2020 National Audit] Seoul Administrative Court National Audit Today... Gwangbokjeol Rally Permit Expected to Be Controversial

National Assembly Judiciary Committee Audit
[Image source=Yonhap News]

[Asia Economy Reporter Seongpil Cho] On the morning of the 20th, the National Assembly's Legislation and Judiciary Committee will conduct a government audit at the National Assembly on the Seoul High Court, Suwon High Court, and their subordinate courts.

In this audit, criticism of the Seoul Administrative Court, which permitted the Gwanghwamun rally on Liberation Day that triggered the resurgence of COVID-19, is expected to be a key issue. Previously, the Seoul Administrative Court made several rulings regarding the prohibition of rallies to prevent the spread of COVID-19. A representative case was the decision to accept a suspension of execution request against the rally ban notice ahead of Liberation Day, allowing some rallies. The court argued that it was difficult to conclude that the limited permission of rallies would significantly impact the spread of COVID-19 and that the freedom of assembly could not be excessively restricted under such circumstances.

However, as the Liberation Day rally escalated into a large-scale illegal gathering and was ultimately evaluated as a 'catalyst' for the spread of COVID-19, criticism was directed at the court. Subsequently, the court showed caution in permitting rallies, accepting only so-called 'drive-thru' vehicle protests involving fewer than ten vehicles on National Foundation Day. Since this issue involves a conflict between preventing the spread of COVID-19 and the constitutionally guaranteed freedom of assembly, various criticisms regarding the court's standards are likely to arise during this audit. The opposition party is expected to criticize the court's decision to permit rallies only restrictively, citing that most groups banned from rallies are conservative-leaning.

Decisions or rulings by the court that do not align with the public's sense of justice are a recurring subject of criticism in annual government audits. The Seoul High Court's decision to reject the United States' request for extradition of Son Jeong-woo (24), the operator of the child sexual exploitation site 'Welcome to Video,' received significant criticism.

The fact that the daughter of former Hannara Party lawmaker Hong Jeong-wook was sentenced to 2 years and 6 months in prison with a 3-year probation in both the first and second trials has also been criticized as too lenient. In particular, both the first trial court, Incheon District Court, and the second trial court, Seoul High Court, which handled Hong's daughter's case, are subjects of this audit and may face criticism.