'Protest in front of the National Assembly' Former Jeongongno Chairman Confirmed 'Not Guilty'

[Asia Economy Reporter Baek Kyunghwan] Yang Seong-yoon, former chairman of the National Public Officials Labor Union, who was prosecuted for holding a rally in front of the National Assembly, was acquitted. Although he was found guilty in the first trial, the Constitutional Court's decision of constitutional inconsistency regarding the Assembly and Demonstration Act (the Assembly Act) was applied to the criminal case, resulting in a not guilty verdict.

On the 10th, the Supreme Court's 2nd Division (Presiding Justice Kim Sang-hwan) announced that it upheld the lower court's acquittal ruling in the appeal trial of former Chairman Yang, who was charged with general obstruction of traffic and violation of the Assembly and Demonstration Act.

Former Chairman Yang was prosecuted on charges of holding a protest within 100 meters of the National Assembly building in May 2015, opposing the passage of the Public Officials Pension Act amendment, and disobeying police orders to disperse.

The first trial court sentenced Yang to a fine of 200,000 won for violating the Assembly Act, stating that he "participated peacefully as a simple participant." However, regarding the charge of general obstruction of traffic for blocking two-way traffic on Yeouidaero for about 50 minutes during the march, the court acquitted him, stating, "The march on the road after the assembly was a scheduled event, and it does not appear that Yang was aware of marching on a different route than the one reported."

In response, the second trial court overturned the first trial's guilty verdict and also acquitted Yang of violating the Assembly Act. The second trial pointed out that after the first trial's verdict, in May 2018, the Constitutional Court ruled that the part of Article 11 of the Assembly Act concerning the 'National Assembly building' violated the principle of proportionality and infringed on the freedom of assembly, declaring it constitutionally inconsistent.

Originally, Article 11 of the Assembly Act prohibited outdoor assemblies or demonstrations within 100 meters of the National Assembly building, but this decision caused the provision to lose effect from January 1, 2020. Accordingly, the second trial stated, "When a law provision related to punishment is declared unconstitutional, that provision loses its effect retroactively," explaining the basis for the acquittal.

The prosecution appealed, but the Supreme Court dismissed the appeal, stating, "There is no error in the lower court's judgment as claimed in the grounds for appeal, nor any violation of logic or experience, nor any misinterpretation of the law," and "There is no illegality in misunderstanding the legal principles concerning the effect of the constitutional inconsistency decision."

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