Park Dae-chul "Minnochoong Goes Beyond Gwanghwamun Rally"
Consensus Reached at Previous High-Level Party-Government Meeting
Restrictions on Loudspeaker Use Also Likely to Be Revised
The People Power Party plans to push for an amendment to the Assembly and Demonstration Act (집시법) that prohibits nighttime assemblies from 12 a.m. to 6 a.m. They also intend to introduce an exemption clause protecting police officers from liability during necessary law enforcement actions when dispersing assemblies.
Park Dae-chul, the Policy Committee Chair of the People Power Party, stated at the Supreme Council meeting held on the 22nd, "The recent assembly by the Korean Confederation of Trade Unions (민노총) in Gwanghwamun has gone beyond acceptable limits. There is a growing demand for amendments to the Assembly and Demonstration Act."
This amendment gained momentum after the recent overnight sit-in protest held by the Construction Workers' Union of 민노총 in Gwanghwamun became problematic. Chair Park criticized, "Not only was there traffic inconvenience during rush hour, but the all-night drinking gatherings caused unbearable odors on the way to work and school. While our Constitution guarantees freedom of assembly and association, it also allows for restrictions on these freedoms when necessary to maintain order or public welfare."
On the morning of the 17th, during the rush hour, citizens in Cheonggye Plaza, Jung-gu, Seoul, are passing by members of the Korean Confederation of Trade Unions (KCTU) Construction Union who are camping out after a general strike rally held the previous night. On this day, the KCTU, including the Construction Union, plans to gather in front of Sungnyemun at 2 p.m. for a rally and then march to Samgakji Station. 2023.5.17 [Image source=Yonhap News]
The People Power Party, the government, and the Presidential Office held a high-level party-government consultation meeting the previous day, reaching a consensus on institutional improvements and strict law enforcement, including the amendment to the Assembly and Demonstration Act.
Chair Park said, "Above all, for a peaceful and lawful culture of assemblies and demonstrations to take root, the police's response must firmly guarantee legitimate law enforcement actions without holding officers accountable." Regarding this, Yoo Sang-beom, the senior spokesperson of the People Power Party, explained, "Regarding the need to amend the Assembly and Demonstration Act, we will firmly guarantee the police's legitimate law enforcement and include an exemption clause for incidents arising from such actions."
Chair Park further pointed out, "In 2009, the Constitutional Court ruled that Article 10 of the Assembly and Demonstration Act excessively restricted nighttime outdoor assemblies and declared the provision unconstitutional. However, even after 14 years, no follow-up legislation has been enacted, resulting in a situation where protests can be banned after midnight, but outdoor assemblies cannot be prohibited." He emphasized, "The People Power Party will legislate to prohibit assemblies from 12 a.m. to 6 a.m."
Currently, there are no legal provisions regulating nighttime assemblies. In 2009, the Constitutional Court declared the broad provision in Article 10 of the Assembly and Demonstration Act, which stated that "outdoor assemblies or demonstrations cannot be held before sunrise or after sunset," unconstitutional. In 2014, the Court ruled that banning protests during early morning hours was constitutional. Although legislation defining prohibited protest hours, such as "from midnight to 7 a.m.," was proposed, no legal amendments were made.
Chair Park stated, "To minimize noise damage, we will establish effective measures to enforce restrictions on the use of loudspeakers and discuss strengthening noise standards." He added, "The People Power Party will strive for swift legal amendments so that the public no longer suffers from excessive assemblies. We call for the active cooperation of the Democratic Party."
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