與 "Democratic Labor Union Rally Goes Beyond Limits"
野 "Intent to Revive Unconstitutional Ruling"
The ruling party and the government have decided to push for an amendment to the Assembly and Demonstration Act (집시법) that prohibits nighttime assemblies and demonstrations, reigniting the confrontation between the ruling and opposition parties. The opposition party has reacted strongly, calling it "an attempt to silence the people's voices." Cooperation from the Democratic Party of Korea, which holds the majority of seats, is essential for the amendment, but the clear differences in views between the ruling and opposition parties have plunged the political situation into chaos.
On the 22nd, the People Power Party announced that they would push for an amendment to the Assembly and Demonstration Act to prohibit nighttime assemblies and demonstrations from "midnight to 6 a.m." At the Supreme Council meeting held at the National Assembly that day, Park Dae-chul, the Policy Committee Chair, stated, "Our constitution guarantees the freedom of assembly and association. However, it also allows for restrictions on that freedom by law when necessary for maintaining order or public welfare," and pointed out that "the recent demonstrations by the Korean Confederation of Trade Unions (KCTU) have gone beyond acceptable limits."
On the morning of the 17th, during the rush hour, citizens are passing by the members of the Korean Confederation of Trade Unions Construction Union who are camping overnight at Cheonggye Plaza in Jung-gu, Seoul, following the general strike resolution rally held the previous night. [Image source=Yonhap News]
He continued, "In 2009, the Constitutional Court ruled the Assembly and Demonstration Act unconstitutional in part, stating that it excessively restricts nighttime outdoor assemblies," and added, "Even after 14 years, no follow-up legislation has been enacted, resulting in a legislative gap where demonstrations can be banned after midnight, but outdoor assemblies cannot be prohibited during late-night hours."
He further stated, "There is significant public demand for the amendment of the Assembly and Demonstration Act," and added, "We will push for legislation that prohibits assemblies and demonstrations from midnight to 6 a.m."
In 2009, the Constitutional Court declared Article 10 of the Assembly and Demonstration Act, which prohibits outdoor assemblies or demonstrations before sunrise or after sunset, unconstitutional. Furthermore, in 2014, it ruled that banning demonstrations from sunset until midnight was unconstitutional.
The decision on whether to allow assemblies during late-night hours after midnight was left to the legislative domain of the National Assembly, but no follow-up legislation has been enacted since. Currently, there are no legal provisions regarding nighttime assemblies and demonstrations. Accordingly, the ruling party and government aim to clarify the prohibited hours for nighttime assemblies and demonstrations through this amendment to the Assembly and Demonstration Act.
However, the Democratic Party of Korea opposes the measure, stating that "prohibiting nighttime assemblies is utterly worthless." On the 22nd, Kwon Chil-seung, the chief spokesperson, said in a written briefing, "Are they trying to revive provisions that the Constitutional Court has already clearly ruled unconstitutional?" and criticized, "The ruling party and government's ban on nighttime assemblies can only be seen as an attempt to infringe on freedom of expression and freedom of assembly."
He added, "The ruling party and government's behavior of trying to silence the people protesting against their incompetence and failures in governance, without any intention to properly manage state affairs, is shameless," and emphasized, "The Democratic Party clearly states that the amendment to the Assembly and Demonstration Act is not even worth discussing."
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