Supreme Court: "Police Restriction on Solo Protest in Front of US Embassy Violates Freedom of Expression"

[Asia Economy Reporter Kim Hyung-min] The Supreme Court has ruled that the police's restriction on a solo protest in front of the U.S. Embassy in South Korea violated freedom of expression.

According to the legal community on the 3rd, the Supreme Court's 3rd Division (Presiding Justice Ahn Cheol-sang) upheld the appellate court's ruling partially in favor of the plaintiffs in the damages claim lawsuit filed by 10 members of the Lawyers for a Democratic Society (Minbyun) against the Republic of Korea.

Lawyers from Minbyun's U.S. Military Issues Research Committee held a press conference on February 16, 2016, at Gwanghwamun Square in Jongno-gu, Seoul, announcing that they would conduct daily solo protests opposing the deployment of THAAD (Terminal High Altitude Area Defense) in front of the U.S. Embassy until February 29 of the same year.

Immediately after the press conference, Minbyun lawyers attempted to move in front of the U.S. Embassy, but the police blocked their path. As a result, the protest was held on the sidewalk about 20 meters away.

The police argued that the restriction on solo protests in front of the U.S. Embassy was based on the Vienna Convention, which mandates the protection of foreign diplomatic missions. Article 22, Paragraph 2 of the Vienna Convention states, "The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity."

The first and second trials recognized that "the plaintiffs' freedom of expression was infringed by the illegal execution of duties by police officers," siding with the Minbyun lawyers.

However, considering the circumstances of the police's restraint at the time and the fact that the solo protest was ultimately able to be held near the embassy, the courts set the damages at 2 million won in total (200,000 won per person), which is one-tenth of the amount claimed by the lawyers. The Supreme Court also found no legal issues with the appellate court's judgment and finalized the ruling.

In a statement on the day, Minbyun said, "This is the first time that the restriction on solo protests in front of the U.S. Embassy in South Korea has been recognized as an illegal act by the Supreme Court," adding, "We actively welcome this ruling, which reaffirms that freedom of expression is an indispensable fundamental right that generates and maintains democratic political order and realizes popular sovereignty, and can only be restricted to the minimum necessary scope according to the Constitution and laws."

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