Court Rejects Bereaved Families' Request to Ban Conservative Groups from Approaching Memorial Altars

On December 22 last year, conservative groups such as Shin Jayu Solidarity put up banners near the 10.29 Disaster Citizen Memorial Altar set up at Itaewon Plaza in Yongsan-gu, Seoul. [Image source=Yonhap News]

[Asia Economy Reporter Gong Byung-sun] The court dismissed the bereaved families' request to prohibit a conservative group from approaching the Itaewon memorial altar. The court ruled that it is difficult to see the families' right to pursue happiness or personal rights as having absolute priority over the freedom of assembly.

On the 6th, the 21st Civil Division of the Seoul Western District Court (Chief Judge Lim Jeong-yeop) dismissed the provisional injunction filed by the 10·29 Itaewon Disaster Bereaved Families Association (the Association) against Shin Jayuyonda and its representative Kim Sang-jin, seeking to prohibit access to the memorial altar. The court also rejected the request to ban broadcasting, chanting slogans, or posting banners within 100 meters of the memorial altar.

The court judged that a previously notified assembly cannot be banned on the grounds of the installation of the memorial altar. The court stated, "Considering the nature of the square, the circumstances of the assembly and the installation of the memorial altar, it cannot be said that the Association's mourning sentiment (right to pursue happiness) and personal rights have absolute priority over Shin Jayuyonda's freedom of assembly," adding, "It is difficult to see that the Association has the exclusive right to use the square."

Furthermore, the court added, "The right to freely use Itaewon Square is also held by residents, merchants, and other ordinary citizens," and "It is not a place solely for bereaved families or mourners to pay respects to the deceased in a solemn and peaceful atmosphere."

The court also ruled that banners near the memorial altar or vulgar language used by Shin Jayuyonda do not constitute an infringement of the bereaved families' personal rights. The court explained, "The main content of the banners installed by Shin Jayuyonda or their statements criticize specific politicians or political parties," and "It cannot be seen as directly criticizing the deceased or bereaved families from the Itaewon disaster."

On December 29 of last year, the Association filed a provisional injunction with the court, claiming that Shin Jayuyonda continued acts that damaged the mourning sentiment. Shin Jayuyonda stated that they have never insulted or defamed the bereaved families and that they had reported their assembly at Itaewon Square first and even yielded space for the installation of the memorial altar.