Gwangju City: "We determined that the historical significance of Democracy Square could be damaged"
Some netizens: "Why deny approval when there is freedom of assembly?"
A citizen attending the 7th Gwangju Citizens' General Rally for the Immediate Resignation of Yoon Seokyeol, held at the May 18 Democratic Square last December, is holding a placard. Photo by Song Bohyun
While Gwangju City has decided not to approve the use of the May 18 Democracy Square for an impeachment opposition rally by a far-right YouTuber, some netizens are protesting, claiming that their freedom of assembly is being infringed upon.
According to Gwangju City on the 7th, the city denied approval for the use of the May 18 Democracy Square in Dong-gu, Gwangju, which was requested via phone inquiry by the far-right YouTuber Ahn Jungkwon.
Ahn's side made the inquiry in order to hold an impeachment opposition rally at the Democracy Square, a key site of the May 18 Democratization Movement, on the 8th and 9th. However, Gwangju City did not grant approval, citing the “Basic Ordinance on the Succession of the Spirit of the May 18 Democratization Movement.”
This ordinance, enacted in May 2024 to succeed the spirit of May for the protection of democracy, includes several clauses that allow for the denial of use of the square.
Approval can be denied if the event violates the purpose of the square, poses a risk to the physical safety or lives of citizens and visitors, or if the mayor deems it necessary to prevent serious social conflict. The city determined that the planned rally falls under these conditions.
While assembly notifications are usually handled by the police station with jurisdiction over the typical venue, rallies at Democracy Square, a historical site registered as a May 18 memorial, require separate approval from the local government, Gwangju City.
In relation to this, some netizens have argued that constitutionally guaranteed values have been undermined. Article 21, Paragraph 1 of the Constitution of the Republic of Korea stipulates that all citizens have the freedom of assembly, and they claim that this freedom has been infringed by the denial of approval.
Gwangju Mayor Kang Gijeong stated through Facebook the day before, "There is no space for the far-right in the May 18 Democratic Square," expressing his related position. In response, a netizen left a comment saying, "Isn't assembly a right guaranteed by the Constitution?" Photo captured from Mayor Kang Gijeong's Facebook page.
Kang Gijung, Mayor of Gwangju, publicly stated on Facebook the previous day, “There is no space for the far-right in the May 18 Democracy Square,” confirming the city's decision to deny approval. After this, comments from some netizens appeared, such as “There is freedom of assembly, so why was it denied?” and “On what grounds are you interfering with the freedom of assembly and association?”
On the other hand, some argue that even constitutionally enshrined freedoms can be partially restricted if they cause public inconvenience, threaten citizens’ safety, or are likely to provoke social conflict. Article 21, Paragraph 4 of the Constitution explicitly states that the freedom of expression may be restricted if it infringes on the honor or rights of others, public morals, or social ethics, meaning that approval for assemblies can be denied on these grounds.
Kim Jungho, head of the Distortion Response Team at the Gwangju Bar Association, said, “The purpose of establishing Democracy Square is to succeed the spirit of May, which protected democracy from state violence. If there is a clear and present danger that this spirit may be damaged through participants’ remarks, I believe approval for use can be denied.”
A city official also stated, “We determined that the historical significance of Democracy Square could be damaged by a far-right YouTuber’s rally. This was a legitimate administrative action based on the ordinance that regulates the denial of use approval for Democracy Square.”
Although Ahn’s side was denied approval to use the square, they have notified the police of their intention to hold a rally at 1 p.m. on the 8th and 9th in the nearby Geumnam-ro area.
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