Court Rules "Administrative Order Completely Banning Gatherings at Gwanghwamun and Cheonggye Plaza Is Unjust"

"If Quarantine Rules Are Followed, Assembly Should Be Guaranteed Within Minimum Scope"

In May, congregants at Sarang Jeil Church in Seongbuk-gu, Seoul, were forcibly holding worship services. On that day, Sarang Jeil Church conducted on-site worship starting at 11 a.m. Although the Seoul Metropolitan Government had issued a ban on gatherings until that day due to a complaint filed in April for violating the Infectious Disease Control and Prevention Act, the church continued to hold on-site worship services every week. Photo by Kim Hyun-min kimhyun81@

[Asia Economy Reporter Seongpil Cho] A court has ruled that the administrative order issued by the Seoul Metropolitan Government to completely ban assemblies at Gwanghwamun Square, Cheonggye Plaza, and other locations since February to prevent the spread of the novel coronavirus infection (COVID-19) was unjust.

According to the legal community on the 29th, the Administrative 7th Division of the Seoul Administrative Court (Chief Judge Kim Gukhyeon) ruled in favor of the plaintiffs in the injunction lawsuit filed by Lee Dong-wook, President of the Gyeonggi-do Medical Association, and others against the Seoul Metropolitan Government regarding the suspension of the outdoor assembly ban order. The court stated, "If the assembly participants comply with quarantine rules, assemblies should be guaranteed to the minimum extent necessary."

In April, Seoul reported the Sarang Jeil Church to the police for holding an assembly in violation of the assembly ban order (Article 49 of the Infectious Disease Control and Prevention Act). Those reported included pastors who led the worship, such as Pastor Park Joong-seop and Pastor Jonathan, as well as attendees of the assembly, among whom was President Lee. President Lee and others filed a lawsuit last month, arguing that the administrative order by Seoul banning assemblies was an inappropriate measure that interfered with the exercise of rights.

After the court ruling, President Lee's side stated, "It has been confirmed that Seoul's indefinite ban on assemblies is clearly unconstitutional as it violates the constitutional principle of minimal infringement." However, the Seoul Metropolitan Government cautioned against overinterpretation, saying, "The court confirmed that assemblies should be judged differently depending on conditions such as the size (number of participants), provided that quarantine rules are strictly followed."

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