Court Orders Ban on Protests Within 100m of Eunma Residents and Chung Eui-sun's Residence... Hyundai Construction's Injunction Granted

Residents of Eunma Apartment holding hand-held signs opposing the passage through Eunma Apartment at the public hearing for the draft strategic environmental impact assessment of the Capital Region Express Train (GTX) Line C construction project, held at the Gangnam-gu Community Center in Seoul.

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] The court has put a stop to protests held by some residents, including the Eunma Apartment Reconstruction Promotion Committee in Gangnam-gu, against the underground passage of the Seoul Metropolitan Area Great Train Express (GTX)-C line beneath Eunma Apartment, which took place in front of the residence of Hyundai Motor Group Chairman Chung Eui-sun.

According to the legal community on the 11th, the Seoul Central District Court Civil Division 51 (Presiding Judge Jeon Bo-seong) mostly granted a provisional injunction filed on the 9th by Hyundai Construction and representatives of residents from Hannam-dong, Yongsan-gu, against the Eunma Apartment Reconstruction Promotion Committee and others, prohibiting protests and the installation of banners.

The court prohibited the Reconstruction Promotion Committee from using sound amplification devices such as microphones and loudspeakers within 100 meters of Chairman Chung’s residence to deliver speeches, slogans, chants, or play audio that defames or insults Chairman Chung’s honor or broadcasts similar content.

The court cited grounds that residents near the residential area should not have their privacy infringed by provocative expressions and indiscriminate noise.

Additionally, the court banned the Reconstruction Promotion Committee from attaching or posting banners and leaflets containing defamatory statements against Chairman Chung or claims related to the GTX route detour. Holding placards or parking vehicles with attached banners was also prohibited.

This court decision appears to accept Hyundai Construction’s position that acts insulting or defaming an individual corporate figure who is not a party to the GTX-C line route change negotiations exceed the freedoms of assembly, protest, and expression.

Hyundai Construction has argued that although it is an affiliate of Hyundai Motor Group and the construction company for the GTX-C line, protesting in front of Chairman Chung’s residence, who is not a negotiation party like the Ministry of Land, Infrastructure and Transport or Hyundai Construction itself, is inappropriate.

The court stated, "Freedom of expression and assembly are fundamental rights guaranteed by the Constitution, but they are not absolute freedoms and have inherent limits that cannot infringe on others’ honor, rights, public morals, or social ethics," adding, "Expressions by individuals or groups are not permitted without any restrictions."

It continued, "Holding assemblies or protests near a private residence where the right to rest, privacy, or tranquility needs to be highly protected can be considered acts lacking social justification beyond the scope of legitimate exercise of rights."

In particular, the court pointed out that the protests by the Promotion Committee "exceed the legitimate exercise of the rights of assembly, protest, and freedom of expression, infringing on Chairman Chung’s personal rights and the privacy or tranquility of Chairman Chung and nearby ordinary citizens, thus lacking social justification."

Furthermore, the court found that there was no necessity for the protests to be held near Chairman Chung’s private residence, and that the malicious defamatory expressions on the banners by the Promotion Committee were sufficient to lower Chairman Chung’s social evaluation.

The GTX-C line, connecting Yangju in Gyeonggi Province and Suwon, passes approximately 60 meters underground beneath Eunma Apartment between Samsung Station and Yangjae Station.

The Reconstruction Promotion Committee began protesting in front of Chairman Chung’s residence on the 12th of last month, demanding a route detour, citing safety concerns if the GTX passes beneath the apartment scheduled for reconstruction.

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