Supreme Court: "Sewol Ferry Memorial Silent March" Lawmaker-Elect Yong Hye-in to Retrial in Second Instance

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] Yong Hye-in, a lawmaker-elect from the Basic Income Party who was indicted for leading a silent memorial march criticizing the government near Gwanghwamun Station in Seoul after the Sewol ferry disaster, will undergo a retrial with a presumption of innocence.

The Supreme Court's 2nd Division (Presiding Justice Noh Jeong-hee) on the 28th overturned the original ruling that found Yong guilty of violating the Assembly and Demonstration Act (ADA) and causing general traffic obstruction, sentencing her to a fine of 2 million KRW, and remanded the case to the Seoul Central District Court.

While largely accepting the original court's judgment, the panel stated that the ruling recognizing guilt for the Sewol ferry memorial protest held in front of the Blue House in June 2014 among the 10 assemblies Yong participated in should be changed, and thus sent the case back.

This is because the law on which the judgment was based recently received a constitutional incompatibility decision from the Constitutional Court, and the ruling must be adjusted accordingly.

The court explained, "After the original sentence, the Constitutional Court ruled the ADA provisions banning protests within 100 meters of the Prime Minister’s official residence and the related penalty provisions for disobeying dispersal orders as unconstitutional. Therefore, the original ruling recognizing guilt based on these provisions can no longer be maintained."

Yong was indicted for participating in a total of 10 assemblies from May 2014 to November 2015, involving illegal protests or marches and failing to comply with police dispersal orders.

The first trial recognized some charges such as traffic obstruction as guilty but acquitted Yong of the charge related to holding a "Stay Still" placard and conducting a silent march in front of the Ilmin Museum of Art near Gwanghwamun Station in May 2014, sentencing her to a fine of 3 million KRW.

In contrast, the second trial reversed the ruling on the protest in front of the Ilmin Museum of Art to guilty, acquitted her of six assemblies including the May Day protest organized by the Korean Confederation of Trade Unions in June 2014, and reduced the fine to 2 million KRW.

This content was produced with the assistance of AI translation services.