'Illegal Assembly' Yang Kyung-soo, Chairman of the Korean Confederation of Trade Unions, Sentenced to Probation and 'Released' in First Trial

Yang Kyung-soo, Chairman of the Korean Confederation of Trade Unions (KCTU) [Image source=Yonhap News]

[Asia Economy Reporter Kim Daehyun] Yang Kyung-soo, chairman of the Korean Confederation of Trade Unions (KCTU), who was arrested and indicted on charges of leading large-scale rallies in downtown Seoul amid the COVID-19 outbreak, was sentenced to a suspended prison term in the first trial.

On the 25th, Judge Jeong Jong-geon of the Seoul Central District Court Criminal Division 9 sentenced Chairman Yang, who was charged with violating the Assembly and Demonstration Act and other charges, to one year in prison with a two-year suspension and a fine of 3 million won. Chairman Yang, who was in custody, will be released following this ruling.

The court stated, "The defendant repeatedly violated the Infectious Disease Control and Prevention Act. Although the events occurred while raising awareness of workers' difficult situations and urging improvements in labor conditions as a representative of a labor organization, considering that the entire nation was subject to prolonged restrictions on various activities due to the spread of COVID-19, there was an obligation to comply with the measures taken by the state or local governments."

However, the court also noted, "The defendant has acknowledged his mistakes and responsibilities, was detained for a considerable period, and was given the opportunity to deeply reflect on balancing rally activities for workers' rights with compliance with infectious disease prevention laws. There is no report that this rally caused the spread of COVID-19," explaining the sentencing rationale.

At the previous sentencing hearing, the prosecutor requested the court to sentence Chairman Yang to one year and six months in prison and a fine of 3 million won. The prosecutor emphasized, "The crimes were committed repeatedly and caused public danger such as the risk of infectious disease spread."

On the other hand, Chairman Yang’s defense acknowledged most of the charges but argued the unconstitutionality of related provisions of the Infectious Disease Control and Prevention Act and the illegality of the local government’s rally restriction notices. In his closing argument, Chairman Yang’s lawyer appealed for leniency, stating, "The desperate demands of the poor and powerless who lost their jobs due to disasters like COVID-19 were their last cries in the square." He also emphasized, "The UN has stated that a total ban on assemblies is not permissible," and "The international community and civic groups are appealing for the defendant’s release."

Chairman Yang also made a final statement, saying, "Before being the chairman of the KCTU, I had to speak for the vulnerable as a non-regular worker," and "Please understand the three rallies as the cries of workers."

Chairman Yang was prosecuted on charges including leading several illegal protests from May to July (violations of the Assembly and Demonstration Act, Infectious Disease Control and Prevention Act, and general traffic obstruction). In particular, the National Workers' Rally held in downtown Seoul on July 3 was estimated by the organizers to have been attended by about 8,000 people.