Supreme Court: "JeonGyoJo Staff in 'Protest in Front of National Assembly' Acquitted by Retroactive Application of Constitutional Court's Unconstitutionality Ruling"

[Asia Economy Reporter Kim Hyung-min] An employee of the Korean Teachers and Education Workers Union (Jeon-gyo-jo), who was prosecuted for holding a protest in an area where assemblies were legally prohibited, was acquitted after five years following a constitutional court ruling declaring the relevant legal provision unconstitutional.

The Supreme Court's First Division (Presiding Justice Lee Ki-taek) announced on the 19th that it upheld the lower court's ruling partially acquitting Jeon-gyo-jo full-time staff member A, who was charged with violating the Assembly and Demonstration Act (Jipsibeop).

This ruling came in response to the Constitutional Court's May 2018 decision that the provision of the Assembly and Demonstration Act prohibiting outdoor assemblies or demonstrations within 100 meters of the National Assembly building excessively infringed on fundamental rights and was therefore unconstitutional.

The court stated, "Although the Constitutional Court's decision of constitutional incompatibility is a modified form not stipulated in the Constitution or the Constitutional Court Act, it constitutes a ruling of unconstitutionality on the legal provision. When such a ruling is issued, the provision loses its effect retroactively, and the court must acquit the defendant in cases where the provision was applied."

A was prosecuted for attending protests related to the amendment of the Public Officials Pension Act on May 2 and 6, 2015, holding placards and chanting slogans on the road in front of the main gate of the National Assembly. At that time, Article 11 of the Assembly and Demonstration Act prohibited outdoor assemblies or demonstrations within 100 meters of the National Assembly building.

He was also charged with forcibly marching during a rally organized by the Joint Struggle Headquarters for Strengthening Public Pensions, which included about 50 public official organizations such as the Korean Public Officials Labor Union, in Yeouido in March 2015.

The first trial found all of A's charges guilty and sentenced him to a fine of 3 million won.

However, the second trial, considering the Constitutional Court's ruling of constitutional incompatibility on the Assembly and Demonstration Act provision banning assemblies near the National Assembly, acquitted A of the protests held on May 2 and 6, 2018, in front of the National Assembly main gate road, and recognized guilt only for the remaining charges, reducing the fine to 1.5 million won.

The court ruled, "The constitutional incompatibility decision on this provision is a ruling of unconstitutionality on a penal law provision. When a penal law provision is declared unconstitutional, it loses its effect retroactively."

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