Court Mostly Upholds Ban on March 1st Rally... Only 2 Cases Partially Accepted (Comprehensive Report 2)

[Asia Economy Reporter Seongpil Cho] Several groups that reported holding rallies on March 1st but were notified of prohibition under quarantine guidelines filed multiple requests for provisional suspension of the enforcement of the orders with the court, but most were not accepted.

On the 26th, the Administrative Division 13 of the Seoul Administrative Court (Chief Judge Nakwon Jang) dismissed the requests for suspension of enforcement filed by the Free Korea Patriotic Corps and the April 15th Election Fraud National Struggle Headquarters, who appealed against the gathering ban orders issued by the Seoul Metropolitan Government and the Ministry of Health and Welfare. The same court’s Administrative Division 14 (Chief Judge Sanghoon Lee) also dismissed the suspension request filed by the Freedom and Human Rights Research Institute against the Seoul Metropolitan Government and rejected the suspension request filed by the Christian Liberty Unification Party. Accordingly, the orders prohibiting these groups’ rallies remain in effect.

Previously, the Free Korea Patriotic Corps applied to hold a March 1st rally near Gyeongbokgung Station, and the Christian Liberty Unification Party applied to hold one near the Blue House Sarangchae. However, when the Seoul Metropolitan Government issued prohibition orders based on quarantine guidelines and rally restriction notices, these groups filed administrative lawsuits and requested suspension of enforcement.

During the hearings, the groups argued that "the complete ban on private gatherings of five or more people infringes on the constitutional rights of freedom of assembly and association." However, the court stated, "The ban on private gatherings of five or more people may result in restricting the applicants’ freedom of assembly and association," but also judged that "there are exceptions to this ban such as briefings, public hearings, academic conferences, and lectures, which can proceed while following the notice." The court further stated, "It is reasonable to consider that suspending the effect of the notice banning private gatherings of five or more people would have a significant impact on public welfare in terms of preventing and controlling the spread of COVID-19."

However, the same court’s Administrative Division 5 (Chief Judge Sangkyu Jung) partially accepted the suspension request filed by Mr. Hwang, who sought to hold a rally with about 100 participants in Gwanghwamun, Seoul, and conditionally allowed the rally to proceed. Additionally, the Administrative Division 8 (Chief Judge Jonghwan Lee) partially accepted the suspension request filed by the Free Korea Patriotic Corps against the outdoor rally ban order by the Seoul Metropolitan Government, allowing rallies with up to 20 people under certain conditions. These divisions stated, "It is excessively harsh to completely ban freedom of assembly based solely on uncertain circumstances that suggest a risk of infectious disease spread," and "If police forces appropriately control access to the rally venue, the possibility of the rally turning into a large-scale disorderly event appears low."