[Exclusive] Despite Consecutive Losses, Police Repeatedly Issue 'Assembly Ban' Notices... Lawyer Fees Also Set at 100 Million Won

Since last year, the police have issued 730 assembly ban notices, leading to over 60 lawsuits filed by the assembly organizers in protest, but they have been defeated repeatedly. The cost for hiring lawyers and success fees for these lawsuits has exceeded 100 million won.

According to data submitted by the National Police Agency to Rep. Lee Hyung-seok of the Democratic Party on the 12th, the police issued a total of 730 assembly and protest ban notices from May last year to September this year. Under the current administration, the police have been restricting assemblies mainly on grounds such as "restrictions for traffic flow." During the Moon Jae-in administration, the police issued only two assembly ban notices for the same reasons.

Assembly organizers who opposed the ban notices have filed administrative lawsuits. During this period, a total of 61 administrative lawsuits, including injunction applications, were filed. Courts have mostly granted the injunction applications. In May last year, the Public Transport Union, and in July, the Metal Workers' Union applied for suspension of execution against the assembly ban notices near the Presidential Office, and the courts allowed the assemblies. Among these, for eight cases, the police decided to seek a formal judgment and proceeded to the main lawsuits. The lawyer fees for these main lawsuits were estimated to exceed 100 million won. The National Police Agency set the lawyer hiring fee and success fee at 62.1 million won and 63.1 million won, respectively.

However, the police lost six of these cases in the first trial. They lost main lawsuits with civic groups such as Rainbow Action for Sexual Minorities, People’s Solidarity for Participatory Democracy, and People for Peace and Unification (Pyeongtongsa) over whether to hold assemblies in front of the Yongsan Presidential Office. Two main lawsuits with Participatory Solidarity and Candlelight Victory Transition Action are currently under appeal. The police won two cases, which involved assemblies planned in front of former President Moon’s residence in Yangsan, Gyeongnam.

Meanwhile, the National Police Agency is pushing for amendments to the Assembly and Demonstration Act (Jipsibeop) to ban nighttime assemblies from midnight to 6 a.m. and to establish criteria allowing ban notices for assemblies reported during commuting hours. If the amendment passes the National Assembly, the number of ban notices is expected to increase further. Rep. Lee said, "The freedom of assembly, as stated in the Constitution, is the foundation of democracy," adding, "The police restricting the freedom of assembly even at the risk of lawsuits could potentially shake the fundamentals of democracy."