Constitutional Court: Police Water Cannon Directly Fired at Farmer Baek Nam-gi Unconstitutional, Violation of Right to Life

Chief Justice Yoo Nam-seok of the Constitutional Court and the justices are waiting for the start of the constitutional review ruling on the unconstitutionality confirmation constitutional complaint regarding the "Announcement of the Korea-Japan Comfort Women Issue Agreement" held on the 27th at the Constitutional Court in Jongno-gu, Seoul. Photo by Kang Jin-hyung aymsdream@

[Asia Economy Reporter Kim Hyung-min] The Constitutional Court has ruled that the police's use of direct water cannon fire (shooting a straight stream of water directly at protest participants) on the late farmer Baek Nam-gi during the suppression of protests in November 2015 was unconstitutional.

On the 23rd, the Constitutional Court delivered an unconstitutional ruling in a constitutional complaint case filed by Baek's bereaved family against the Seoul Metropolitan Police Agency Chief, who ordered the direct water cannon fire, claiming that "the direct water cannon fire and its legal basis infringed on the right to life and other rights."

The court stated, "Direct water cannon fire involves shooting a straight stream of water directly at the protesters, which can cause fatal harm to life and body," and added, "It is difficult to see that there was a necessity to suppress a threat to life or body, or a risk to property or public facilities through direct water cannon fire."

Furthermore, the court pointed out, "At the protest site, direct water cannon fire aimed at the upper chest of protesters was continuously carried out, creating a situation where there was concern about casualties. Therefore, the police needed to order the cessation of excessive water cannon use, change the direction and pressure of the water stream, and deploy additional safety personnel."

Baek participated in the People's General Strike rally held in Jongno, Seoul, on November 14, 2015, and was critically injured after being hit by a water cannon fired by the police. He passed away on September 25 of the following year.

At that time, the police fired the water cannon directly at Baek's head, and it was investigated that the water cannon was continuously fired for about 20 seconds at people approaching to rescue the fallen Baek.

Minbyun, representing the bereaved family, argued, "The direct water cannon fire at that time and regulations such as the Police Officer Duty Execution Act, the Standards for Use of Hazardous Police Equipment, and the Police Equipment Management Rules infringed on Baek and his family's rights to life, personality rights, pursuit of happiness, and freedom of assembly."

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