"Basic Rights Suppression" vs "Priority on Quarantine" 'Freedom of Assembly' Controversy, What Do You Think?

Three COVID-19 Cases Confirmed at KCTU Seoul Downtown Rally
Government "Deep Regret After Multiple Requests for Restraint"
Union "Witch Hunt Before Official Epidemiological Investigation" Rebuttal
Quarantine vs. Fundamental Rights... 'Freedom of Assembly' Controversy Rekindled
Expert "Citizens Accept Restrictions on Rights, Government Must Build Trust"
"Restoring Trust Through Fair Law Enforcement Will Calm Dissatisfaction"

On the afternoon of the 3rd, members of the Korean Confederation of Trade Unions (KCTU) held a nationwide workers' rally in the Jongno area of Seoul. / Photo by Yonhap News

[Asia Economy Reporter Lim Ju-hyung] The controversy over 'freedom of assembly' has reignited after three participants of the large-scale rally organized by the Korean Confederation of Trade Unions (KCTU) held in downtown Seoul on the 3rd tested positive for COVID-19. While some argue that large-scale rallies should be avoided amid the serious spread of infectious diseases, others counter that fundamental rights enshrined in the Constitution cannot be easily relinquished. Experts advise that while some restrictions on fundamental rights are necessary during national crises, the government must exercise caution in law enforcement accordingly.

According to the Korea Disease Control and Prevention Agency (KDCA) on the 20th, following the first confirmed COVID-19 case from the KCTU on the 16th, two colleagues of the confirmed patient tested positive the next day (17th). All were confirmed to have attended the 'National Workers' Rally' hosted by the KCTU on the 3rd.

At that time, the KCTU pushed forward with a large-scale rally in downtown Seoul. When the Seoul Metropolitan Government and police, concerned about the spread of COVID-19, blocked off the Yeouido area, the planned rally site, the participants moved the venue to Jongno and continued the rally. According to the organizers, about 8,000 people participated, and due to the cramped space, some quarantine rules such as maintaining a 2-meter distance were not properly observed.

As a result, concerns arose that a 'large-scale cluster infection originating from the KCTU rally' could occur. The government immediately issued an administrative order for diagnostic testing for all rally participants.

Regarding this, Prime Minister Kim Boo-kyum stated during the Central Disaster and Safety Countermeasure Headquarters meeting on the afternoon of the 18th, "Three participants of the KCTU rally have tested positive for COVID-19. In this severe COVID-19 situation, I express deep regret that confirmed cases have emerged among participants of rallies that were repeatedly requested to be restrained."

In response, the KCTU pushed back, calling it a 'witch hunt.' In a press release on the same day, the KCTU apologized, saying, "We apologize for causing concern and worry to many people," but also criticized, "It is inappropriate and tantamount to a witch hunt for the government to announce that the rally is a major source of infection before the official epidemiological investigation results are released."

On the morning of October 3rd last year, National Foundation Day, police buses lined up on the Gwanghwamun road in Seoul to block sudden rallies and demonstrations. / Photo by Yonhap News

Conflicts between the government and some civic groups over 'freedom of assembly' continue. Earlier, when the 'COVID-19 Response National Emergency Committee of Self-Employed' (Emergency Committee), composed of self-employed groups by industry, attempted to hold a vehicle protest with about 500 cars on the 15th, the police set up checkpoints in various locations to prevent gathering. Ultimately, the Emergency Committee conducted individual protests by forming lines with vehicles that arrived first and moving accordingly.

On October 3rd last year, when some conservative groups attempted to hold a large-scale rally at Gwanghwamun Square, the police created a 'bus barrier' by surrounding the square with about 300 buses to block access.

The government is fully restricting large-scale rallies to prevent the spread of COVID-19. According to the current Infectious Disease Control and Prevention Act, the head of the KDCA or local governments may restrict or prohibit gatherings such as entertainment, rallies, or ceremonies if necessary to prevent infectious diseases.

In this regard, in August last year, Lee Won-wook, a member of the Democratic Party of Korea, proposed an amendment to the Assembly and Demonstration Act (ADA) that prohibits rallies and demonstrations in declared disaster areas.

However, some argue that even if the spread of infectious diseases is serious, fundamental rights enshrined in the Constitution should not be easily infringed. The National Human Rights Commission of Korea passed an opinion last year stating the ADA amendment was "inappropriate," emphasizing that "freedom of assembly should not be excessively restricted beyond necessity."

It further explained, "It is consistent with the purpose of protecting freedom of assembly under the Constitution and international human rights standards to consider the specific risks posed by each rally or demonstration and to decide whether to permit them individually based on factors such as time, number of participants, method, and location."

On the afternoon of the 3rd, members of the Korean Confederation of Trade Unions held the National Workers' Rally in Jongno 3-ga, Seoul. / Photo by Yonhap News

Meanwhile, public opinion is divided on whether freedom of assembly can be tolerated amid the spread of infectious diseases.

A 20-something office worker, Mr. A, said, "Given the current situation, I think it is right to restrict rallies. Self-employed people are already burning out inside; do they want to worsen the crisis?"

Another office worker, Mr. B (28), said, "Freedom of association is important, but I believe nothing takes precedence over life. In a national crisis, it is appropriate to be satisfied with one-person or small-scale protests and hold large-scale rallies only after the crisis is over."

On the other hand, concerns were raised that fundamental rights might be excessively suppressed. A 30-something office worker, Mr. C, said, "No matter how serious the emergency is, there should be limits to the state's power to restrict individual fundamental rights. I worry that the government can too easily disperse citizens' voices now."

Experts suggest that since the government has imposed some restrictions on fundamental rights, it needs to restore trust by ensuring fairness in law enforcement.

Oh Yoon-sung, a professor of Police Administration at Soonchunhyang University, explained, "The backlash regarding freedom of assembly arises because some citizens feel the government is enforcing laws unfairly. For example, when conservative groups held rallies last year, the location was blocked and mass testing was conducted promptly, whereas the response to the recent KCTU rally was somewhat lukewarm."

He added, "Citizens are aware that the government is restricting some fundamental rights under the Infectious Disease Control and Prevention Act and are accepting it. Therefore, the government and law enforcement must carry out law enforcement as carefully and fairly as possible to restore public trust."

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