The Story Behind Seoul Jongno-gu Mayor Being Ordered to Pay Full Legal Fees for 'Assembly Ban' Case

[Asia Economy Reporter Seongpil Cho] Even considering the necessity of preventing the spread of COVID-19, a municipal government ordinance that completely bans outdoor assemblies has been ruled by the court as an illegal measure infringing on the constitutional freedom of expression. Based on this ruling, the court held the municipal head responsible and ordered them to bear the full litigation costs.

According to the legal community on the 18th, the Seoul Administrative Court, Administrative Division 11 (Presiding Judge Kang Woo-chan) dismissed the lawsuit filed by the National Transport and Social Service Workers' Union against the Jongno-gu Office head, seeking cancellation of the assembly restriction ordinance. The court stated, "Since the ordinance was repealed after the lawsuit was filed, even if the plaintiff receives a cancellation ruling, the freedom of assembly cannot be restored to its original state," and added, "The plaintiff cannot be considered to have a remaining legal interest to seek, so the lawsuit is improper."

However, the court exceptionally ordered the Jongno-gu Office to bear the litigation costs. Generally, when a dismissal ruling is issued, the party who filed the lawsuit bears the litigation costs. The court mentioned the illegality of the Jongno-gu Office's ordinance as the reason for this order. The court stated, "'Freedom of assembly' is a core fundamental right that ensures the freedom of expression, which is protected in a constitutional democratic society, can be effectively realized," and added, "An ordinance that completely and uniformly bans assemblies without any allowance is illegal."

Earlier, in May 2020, the National Transport Union reported to the Jongno Police Station the holding of an assembly titled 'Resolution Rally to Withdraw Unfair and Illegal Layoffs under the Pretext of COVID-19' on the sidewalk in front of Kumho Asiana Group headquarters in Jongno-gu, Seoul, and some roads. The police permitted the assembly period to be about one month from May 15, 2020. However, on May 26 of the same year, the Jongno-gu Office announced the 'Assembly Restriction Ordinance for Preventing the Spread of COVID-19,' which restricted the holding of assemblies. As the ordinance made it impossible for the National Transport Union to hold the assembly, they immediately filed a lawsuit requesting the cancellation of the ordinance. The lawsuit proceeded for over a year and a half, during which the ordinance was lifted on November 1 of last year.