Former Minnocho Executive Fined for Illegal Rally, 'Assembly in Front of Gukhoe' Acquitted

[Asia Economy Reporter Bae Kyunghwan] A fine has been confirmed for Choi Jongjin, former senior vice chairman of the Korean Confederation of Trade Unions (KCTU), who was prosecuted for holding a rally in front of the National Assembly. However, Choi was acquitted of some charges retroactively after the Constitutional Court ruled the relevant provisions of the Assembly and Demonstration Act (the Assembly Act) unconstitutional.

On the 28th, the Supreme Court's 3rd Division (Presiding Justice No Taeak) announced that it upheld the lower court's ruling sentencing Choi to a fine of 2 million won in the final appeal trial on charges of violating the Assembly Act and obstructing general traffic.

Choi was indicted on charges of violating organizer compliance by holding protests outside the designated locations or occupying roads and land routes from March to September 2015, thereby obstructing traffic. He was also charged with participating in a rally held within 100 meters of the National Assembly and failing to comply with dispersal orders, as well as trespassing by entering the National Assembly building to hold a protest.

In February 2018, the first trial court found him guilty of violating the Assembly Act and obstructing general traffic and sentenced him to a fine of 2 million won. However, regarding the rally held at the National Assembly, the court acquitted him, stating that "excessively restricting the freedom of assembly and demonstration violates the Constitution."

While the appeal trial was ongoing in May 2018, the Constitutional Court ruled that Article 11 of the Assembly Act (prohibited places for outdoor assemblies and demonstrations), specifically the parts concerning the 'National Assembly building,' 'courts at all levels,' and the 'Prime Minister's official residence,' constituted "excessive restrictions beyond the necessary scope to achieve legislative objectives," and issued a constitutional discordance decision, ordering the law to be amended by December of the previous year. Accordingly, in the second trial ruling in June 2019, the court maintained the first trial's judgment based on the Constitutional Court Act, which states that "if a provision related to criminal punishment is declared unconstitutional, it loses effect retroactively."

However, the charge of obstructing general traffic was upheld as guilty, and the fine was maintained as in the first trial. The Supreme Court also agreed with the second trial's judgment.

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