Court Maintains Ban on March 1st Rally... "Concerns Over COVID-19 Spread" (Comprehensive)

[Asia Economy Reporter Seongpil Cho] Groups that reported gatherings for the March 1st Movement Day but were notified of prohibition according to quarantine guidelines requested the court to temporarily suspend the effect of the disposition, but all requests were denied.

The Administrative Division 13 of the Seoul Administrative Court (Chief Judge Nakwon Jang) dismissed the injunction requests filed by the Free Republic of Korea Patriotic Corps and the April 15th Election Fraud National Struggle Headquarters, who appealed against the gathering ban imposed by the Seoul Metropolitan Government and the Ministry of Health and Welfare on the 26th. The same court’s Administrative Division 14 (Chief Judge Sanghoon Lee) also dismissed the injunction request filed by the Freedom and Human Rights Research Institute against the Seoul Metropolitan Government and rejected the injunction request filed by the Christian Liberty Unification Party. Accordingly, the disposition prohibiting these groups’ gatherings remains in effect.

Previously, the Free Republic of Korea Patriotic Corps applied to hold a March 1st gathering near Gyeongbokgung Station, and the Christian Liberty Unification Party applied to hold one near Cheongwadae Sarangchae. However, when the Seoul Metropolitan Government issued prohibition orders based on quarantine guidelines and gathering restriction notices, these groups filed administrative lawsuits and requested injunctions.

During the hearing, the groups argued that "the complete ban on private gatherings of five or more people infringes on the constitutional rights of freedom of assembly and association." However, the court stated, "The ban on private gatherings of five or more people may result in restricting the applicants’ freedom of assembly and association," but also judged that "there are exceptions to this ban, such as briefings, public hearings, academic conferences, and lectures, which can proceed while following the notice." The court further stated, "If the effect of the ban on private gatherings of five or more people is suspended, it is reasonable to believe that it would significantly impact the public welfare of preventing and controlling the spread of COVID-19."

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