Constitutional Court: "No Benefit in Protection as Infringement of Basic Rights Has Ended"
"No Risk of Repetition"
Lee Seunghwan's Side: "Regret Over Overlooking Possibility of Repetition"
Singer Lee Seunghwan's constitutional complaint against the mayor of Gumi City, Gyeongbuk Province, was dismissed on the grounds of "termination of basic rights infringement." Lee filed the complaint with the Constitutional Court, arguing that Gumi City's demand for a pledge prohibiting political agitation in relation to the rental of the concert hall was unjust.
According to the legal community on the 28th, the Constitutional Court dismissed Lee's constitutional complaint against Mayor Kim Jang-ho of Gumi City on the 25th. Dismissal is a procedure that terminates the judgment without substantive review because the petition does not meet the requirements.
The Constitutional Court stated in its decision, "The infringement of the petitioner’s basic rights has ended, and therefore, there is no recognized subjective right to protection." This means that since the infringement of basic rights claimed by Lee has ended, there is no benefit in protecting the petitioner’s rights regardless of the court’s decision.
The Constitutional Court also examined whether there was an exceptional interest in adjudication but reached the same conclusion. The court judged, "There is no likelihood that the infringement will be repeated in the future, nor is it considered a matter requiring constitutional interpretation for the protection and maintenance of the constitutional order."
Earlier, Gumi City requested Lee’s side, which had rented the Gumi City Culture and Arts Center for a concert, to sign a pledge on December 20 of last year stating that they would not engage in "political agitation or misleading remarks." When Lee refused to accept this, Gumi City canceled the rental before the concert, citing "the safety of citizens and the audience."
At that time, Lee said, "They made an unfair demand to submit the pledge by a specific time at a point close to the rental date," and on the 6th of last month, he filed a constitutional complaint with the Constitutional Court, claiming violations of freedom of conscience and freedom of art.
Meanwhile, Mayor Kim stated on social media (SNS), "Lee’s claim was an unreasonable argument that did not even meet the basic requirements for reviewing a constitutional complaint," and added, "This once again proved that Gumi City’s judgment was legitimate according to law and principles." On the other hand, Lee’s side evaluated that the Constitutional Court overlooked the high likelihood of repeated coercion to sign the pledge.
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