Human Rights Commission advises Wonju-si "Do not excessively restrict freedom of assembly and demonstration"... no emergency relief recommendation given
[Asia Economy Reporter Jeong Dong-hoon] The National Human Rights Commission of Korea expressed its opinion to the Wonju Mayor of Gangwon Province, urging the Korean Confederation of Trade Unions (KCTU) not to excessively restrict the freedom of assembly and demonstration.
On the 27th, the Human Rights Commission stated, "The Constitutional Court has ruled that even when assemblies or demonstrations are prohibited or restricted for public peace and order, an absolute ban without exceptions may constitute an excessive restriction on the freedom of assembly," and added, "The United Nations has set a standard that a blanket ban on assemblies at all places and times without considering the circumstances of each assembly violates the principle of proportionality."
The Commission further added, "Applying level 4 restrictions only to assemblies and demonstrations during social distancing level 3 may be an excessive limitation."
However, the Commission did not recommend emergency relief measures regarding KCTU's urgent relief application. It explained, "It is difficult to consider that there is a risk of 'irreparable harm,' which is the standard for the Commission's emergency relief measures," and noted, "In past cases, emergency relief measures have been judged based on 'irreparable harm' such as the right to life, health rights, destruction of physical evidence, and the timeliness of assemblies and demonstrations."
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The KCTU held a nationwide workers' rally with about 8,000 union members in the Jongno area of Seoul on the 3rd of this month, and on the 23rd, held a demonstration in front of the National Health Insurance Service in Wonju, Gangwon Province, urging the direct employment of call center counselors. On the 22nd, a day before the assembly, Wonju City raised the social distancing level to level 3 and issued an administrative notice allowing only one-person assemblies. In response, the KCTU filed a complaint with the Human Rights Commission and applied for emergency relief.
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