Debate Over the 'Freedom to Assemble' Ignited Amid the COVID-19 Pandemic... How Far Should It Be Allowed?

Democratic Labor Union Chairman Arrest Warrant Requested
Civil Groups Say "Basic Rights Restricted"

Authorities and Local Governments Say "Clear Illegality"
Police Restrict Social Distancing Even for Solo Protests

Legal Community Warns "Beware of Excessive Restrictions"

On the 3rd of last month, the Korean Confederation of Trade Unions held a nationwide workers' rally in downtown Jongno-gu, Seoul, with about 8,000 union members gathering.
[Image source=Yonhap News]

[Asia Economy Reporter Jeong Dong-hoon] The debate over the "freedom of assembly and demonstration" is intensifying amid the COVID-19 pandemic. As investigations expand into organizations such as the Korean Confederation of Trade Unions (KCTU), which recently led large-scale rallies, and the National Emergency Response Committee of Self-Employed People, these groups claim that the government is restricting constitutional rights guaranteed by the constitution. On the other hand, government authorities and local governments maintain that these are clear illegal acts violating the Assembly and Demonstration Act and quarantine standards under the Infectious Disease Control and Prevention Act.

According to the legal community on the 10th, Moon Seong-gwan, the chief judge in charge of warrants at the Seoul Central District Court, will conduct a pre-trial detention hearing (warrant substantive examination) on the morning of the 11th for Yang Kyung-soo, chairman of the KCTU, who is accused of violating the Assembly and Demonstration Act. The Seoul Central District Prosecutors' Office decided to request an arrest warrant for Chairman Yang after meeting with KCTU lawyers the day before the warrant application. It is known that Chairman Yang did not attend the meeting. Earlier, the Seoul Metropolitan Police Agency's July 3 illegal protest investigation headquarters applied for an arrest warrant for Chairman Yang, who led the National Workers' Rally with an estimated 8,000 participants (according to the organizers) around the Jongno area in Seoul on the 6th.

Labor and civic groups are protesting. The Lawyers for a Democratic Society stated, "The arrest warrant application is an unjust measure to silence workers' voices under the pretext of quarantine," and "We strongly condemn the police action and demand the immediate withdrawal of the arrest warrant application against Chairman Yang." Jeon Kwang-hoon, senior pastor of Sarang Jeil Church, who led a large-scale rally on Liberation Day last year, has announced a three-day Liberation Day rally starting on the 14th. A detailed plan was also released, stating that participants will each hold placards, maintain a 2-meter distance, depart from Seoul Station, pass through Namdaemun, City Hall, Donghwa Duty-Free Shop, and return to Seoul Station.

The police define one-person protests where many people gather without maintaining sufficient distance of several tens of meters as illegal demonstrations. They plan to block the gathering of people and operate temporary checkpoints to completely block the entry of various protest materials, including broadcasting and stage vehicles.

In the legal community, there is a call to be cautious about excessive restrictions on the freedom of assembly. Lawyer Lee Chung-yoon of Haeyul Law Firm said, "To restrict the constitutional right of freedom of assembly, it must be done by law and should not infringe on its essential content," adding, "Restrictions imposed by local government notifications with unclear delegated legislative authority may have some constitutional issues." There is also criticism that limiting outdoor assemblies solely by the number of participants, as in the current social distancing guidelines, violates quarantine fairness. Lawyer Yang Hong-seok of Igong Law Firm said, "While places like department stores and subways are crowded and allowed to operate, restricting only outdoor assemblies raises issues of quarantine fairness," and "There are ways to restrict assemblies by content, such as prohibiting shouting slogans, but limiting only by the number of participants is an infringement on essential rights."

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