Court: "Ban on Rallies and Marches Near the President's Office Is Unjust"

Court: "Complete lane occupation causes citywide traffic disruption"
Passage within 30 minutes between War Memorial and Samgakji Police Box

[Asia Economy Reporter Heo Kyung-jun] The court has once again ruled that the police's ban on assemblies and marches near the presidential office is unjust.

The Administrative Division 5 of the Seoul Administrative Court (Presiding Judge Kim Soon-yeol) partially granted the suspension of execution requested by the Korean Metal Workers' Union against the Seoul Metropolitan Police Agency Chief and the Yongsan Police Station Chief.

The Metal Workers' Union reported to the Seoul Metropolitan Police Agency and Yongsan Police Station on the 20th that about 3,000 people would hold an assembly on four lanes in front of the War Memorial in Yongsan-gu, Seoul, from 9 a.m. to 6 p.m. on the 1st of next month, and march from Samgakji Station to City Hall Plaza.

However, the police banned assemblies on the section from the War Memorial to Samgakji Police Substation among the four lanes in front of the War Memorial, and on all lanes from the east gate to the west gate of the War Memorial.

In response, the Metal Workers' Union filed a lawsuit at the Seoul Administrative Court on the 26th, requesting the suspension of the effect of the prohibition notice and the cancellation of the disposition itself.

The court stated, "It is difficult to definitively conclude that the presidential office is included in the official residence, so banning assemblies entirely in front of the War Memorial based on this is an excessive restriction on the freedom of assembly and is illegal."

However, the court added, "If 3,000 people occupy all four lanes in front of the War Memorial and march, there is a concern that it will cause serious disruption to traffic on major roads, surrounding roads, and throughout downtown Seoul," and judged that "it is necessary to appropriately limit the scope of the prohibition notice to ensure preparation and control for citizens' road passage and safety."

The court permitted that the section from the War Memorial to Samgakji Police Substation be passed as quickly as possible within 30 minutes by up to 500 people including order maintenance personnel, and that two of the four lanes in front of the War Memorial be kept open at all times for general vehicle traffic.