Court Conditionally Allows Vehicle Rally Moving from Cho Kuk to Chu Mi-ae's Residence... "Low Concern for Contact Among 10 or Fewer"
[Asia Economy Reporter Jang Sehee] The court has once again halted the decision by Seoul City and the police to ban gatherings using fewer than 10 vehicles on National Foundation Day.
According to the legal community on the 2nd, the Seoul Administrative Court Administrative Division 3 (Chief Judge Yoo Hwan-woo) partially granted the injunction request filed by Hwang, a member of the conservative group 'Patriotic Patrol Team,' against the outdoor assembly ban imposed by Seoul City and the Seoul Metropolitan Police Agency.
The court stated, "Although the applicant suffers irreparable harm by being unable to hold a vehicle protest at the desired time and place due to this order, the concerns about the spread of COVID-19 infection and traffic disruption caused by the vehicle protest have not been sufficiently demonstrated," and thus suspended the effect of the outdoor assembly ban.
Furthermore, the court noted, "The number of vehicles expected to participate in the vehicle protest is nine, with nine participants, which falls within the allowable range even under the notice banning gatherings of 10 or more people," adding, "Since participants in vehicle protests of 10 or fewer remain inside their cars, the risk of contact is low, and the level of disruption to general traffic is not significant."
However, the court decided not to permit the press conference planned by the group. Similar to the court's allowance of the vehicle protest on the 30th of last month, nine rules for quarantine and traffic safety were established.
First, the applicant must prepare a list containing the names, contact information of participants, and vehicle numbers, and submit it in advance to the Seoul Metropolitan Police Agency. Before the protest begins, the police must verify that the participants and vehicles match those on the list.
Additionally, protest materials must be distributed in a non-face-to-face manner, only one participant may be in each vehicle, the protest must disperse after 5 p.m. or upon arrival at the final protest location, and participants must submit a written pledge to the police agreeing to comply with rules such as prohibiting face-to-face meetings or contact before and after the protest.
Moreover, participants must not allow third parties or third vehicles to join the procession until police intervene, and if participants do not comply with police or quarantine authorities' orders, the police may order dispersal.
Earlier, the Patriotic Patrol Team had reported plans to hold a vehicle protest on National Foundation Day from noon to 5 p.m., following the route from the Seoul Arts Center to the former Minister Cho Kuk’s residence (Bangbae-dong, Seoul) and then to Minister Choo Mi-ae’s residence (Guui-dong, Seoul).
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The police and Seoul City blocked this, and Hwang filed an injunction with the court on the same day, allowing the protest to proceed conditionally.
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