No Legal Basis for Punishing the Display of the Rising Sun Flag
Incheon City Ordinance Focuses on Restricting Use of Public Facilities
The owner of a Mercedes-Benz vehicle displaying the Japanese war flag (Rising Sun Flag) will only receive a fine for illegal parking.
The Rising Sun Flag was the flag prominently used by Japan during its invasions of various Asian countries in the past. It symbolizes Japanese militarism and imperialism and is equivalent to the Hakenkreuz (the symbol of Nazism).
On the 15th, News1 and others reported that a fine for illegal parking is expected to be issued this month to Mr. A, the owner of the Mercedes-Benz vehicle in Seo-gu, Incheon.
Mr. A was found to have parked his vehicle on a crosswalk in the Majon-dong area of Seo-gu following complaints from nearby residents in June. According to the Road Traffic Act, crosswalks, bus stops, school zones, intersection corners, and fire hydrants are designated as the 'five absolutely no parking zones.' Parking in these areas results in a minimum fine of 40,000 KRW.
However, Incheon City stated that there is no ordinance restricting the use of imperialist symbols on 'private property,' so there is no legal basis to penalize the act of displaying the Rising Sun Flag.
In April, the Incheon City Council, led by Democratic Party member Councilor Jeong Jong-hyeok, enacted the 'Ordinance on Restricting the Use of Japanese Imperialist Symbols by the Incheon Metropolitan Office of Education,' but this ordinance focuses only on restricting the use of the Rising Sun Flag in public facilities.
Councilor Jeong said, "The Constitution, the highest law in our country, protects private property, and there is no legal basis in the ordinance to restrict the use of the Rising Sun Flag by private individuals. It is important to first correct the use of the Rising Sun Flag in educational institutions to raise historical awareness."
Controversy over the use of the Rising Sun Flag by ordinary citizens continues. Riders wearing Rising Sun Flag T-shirts have been seen driving on roads, and a resident of an apartment in Busan displayed a large Rising Sun Flag on Memorial Day, drawing criticism.
Professor Seo Kyung-duk of Sungshin Women's University, who is leading the 'Global Campaign to Eradicate the Rising Sun Flag,' emphasized the need for strong penalties for displaying the flag. He stressed, "We should not only criticize and express anger but also create strong 'punishment laws' to prevent such incidents from happening again."
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